15 U.S.C. § 1673: Restriction on garnishment

Summary

Money taken from a worker’s paycheck (garnishment) must not be more than the smaller of two amounts: 25% of the worker’s disposable pay for that week, or the amount by which that weekly pay is more than 30 times the federal minimum hourly wage in effect when the pay is given. If pay is for a period other than a week, the Secretary of Labor sets the matching multiple of the minimum wage. Those limits do not apply to court or state orders for child or spousal support (from processes that give due process and review), to orders from U.S. bankruptcy courts in Chapter 13 cases, or to federal or state tax debts. For support orders, garnishment is limited to 50% of weekly disposable pay if the worker supports a spouse or dependent, or 60% if not. If the garnishment is for support owed from before the 12-week period ending at the start of that workweek, those limits rise to 55% and 65%. No court or state may enforce a garnishment that breaks these rules.

Title 15, §1673

Commerce and Trade, Source: USLM XML via OLRC

(a)Maximum allowable garnishment

Except as provided in subsection (b) and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed

(1)25 per centum of his disposable earnings for that week, or

(2)the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206(a)(1) of title 29 in effect at the time the earnings are payable,

whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).

(b)Exceptions

(1)The restrictions of subsection (a) do not apply in the case of

(A)any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.

(B)any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.

(C)any debt due for any State or Federal tax.

(2)The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed—

(A)where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual’s disposable earnings for that week; and

(B)where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual’s disposable earnings for that week;

except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.

(c)Execution or enforcement of garnishment order or process prohibited

No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1978—Subsec. (b)(1)(B). Pub. L. 95–598 substituted “court of the United States having jurisdiction over cases under chapter 13 of title 11” for “court of bankruptcy under chapter XIII of the Bankruptcy Act”. 1977—Subsec. (b). Pub. L. 95–30, § 501(e)(1), (2), designated existing provisions as par. (1) and existing pars. (1), (2), and (3) as subpars. (A), (B), and (C) thereof, substituted “for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review” for “of any court for the support of any person” in subpar. (A) as so redesignated, and added par. (2). Subsec. (c). Pub. L. 95–30, § 501(e)(3), inserted “, and no State (or officer or agency thereof),” after “or any State”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an

Effective Date

note preceding section 101 of Title 11, Bankruptcy.

Effective Date

of 1977 Amendment Pub. L. 95–30, title V, § 501(e)(5), May 23, 1977, 91 Stat. 162, provided that: “The

Amendments

made by this subsection [amending this section and section 1675 of this title] shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act [May 23, 1977].”

§1673 Restriction on Garnishment

Summary

Title 15, §1673

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Citations & Metadata