How much of my paycheck can they legally take for a debt?

Jurisdiction: United States • Practice Area: Consumer Law • Responsible editor: Cong Ho• Published October 24, 2026

The situation

I live in Ohio and I am really struggling right now. About three weeks ago, I received a notice from a collection agency saying they had obtained a judgment against me for a credit card debt I forgot about. This morning, I checked my paycheck from my job at the local warehouse and noticed that my employer already started taking money out of my earnings to pay this debt. My weekly take-home pay after taxes is usually around $800, but this week, they only gave me $550. It looks like they took $250 right out of my check without much warning. I already called my HR department to ask why this happened, and they told me they are just following a court order they received. I tried calling the collection agency to set up a payment plan so they would stop the garnishment, but they refused to talk to me unless I paid the full amount immediately. I am worried I won't be able to pay my rent or buy groceries if they keep taking this much. Is there a limit on the total amount of my weekly disposable income they are allowed to grab for a regular debt like this?

Quick Summary

It depends on your specific math, but the amount taken from your check might be higher than the federal limit. For a regular debt like a credit card, the law generally limits garnishment to the lesser of 25% of your disposable earnings or a specific amount based on the federal minimum wage.

Detailed Analysis

Under federal law, there are strict limits on how much a creditor can take from your paycheck for a standard debt. The law states that "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... whichever is less" [cite:us-title15-consumer-credit-sec1673]. Disposable earnings refers to the money you have left after the law requires your employer to take out certain things like taxes [cite:us-title15-consumer-credit-sec1672]. In your case, you mentioned your weekly take-home pay is about $800. If $800 is your disposable earnings, 25% of that would be $200. Since the collection agency took $250, they may have exceeded the federal limit of 25% [cite:us-title15-consumer-credit-sec1673]. However, the law also allows for different rules if the debt is for something else, like child support or taxes [cite:us-title15-consumer-credit-sec1673]. Because your debt is for a credit card, these higher limits for support orders do not apply to you. Additionally, the law protects your job; an employer cannot fire you just because your wages are being garnished for a single debt [cite:us-title15-consumer-credit-sec1674]. It is uncertain if the $250 amount is legal because we do not know your exact 'disposable earnings' (your pay after mandatory tax deductions) or the current federal minimum wage used for the second calculation. If your employer is following a specific state-regulated rule that is similar to federal law, the rules might be slightly different [cite:us-title15-consumer-credit-sec1675].

Statutory Citations

Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1673 — Restriction on garnishment
"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... whichever is less"
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Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1672 — Definitions
"the term “disposable earnings” means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld"
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Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1674 — Restriction on discharge from employment by reason of garnishment
"No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness"
View Official Legislation →

Important Legal Disclaimer

General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.

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