Wage Garnishment: Legal Limits and What Part of Your Salary is Untouchable
💡 Quick Tip
If you have unpaid debts and fear the court taking your salary, you must know your rights. The law protects a minimum part of your income to cover basic needs. Learn to calculate what percentage of your paycheck can be garnished according to the Minimum Wage.
The Minimum Wage as a Shield
Wage garnishment is a creditor's last resort. However, they cannot leave you destitute. The fundamental rule is that the portion of your salary that does not exceed the Minimum Interprofessional Wage (SMI) is completely untouchable.
Garnishment Brackets
Over the SMI, garnishment applies in progressive brackets:
- First additional bracket (up to 2x SMI): 30% can be garnished.
- Second bracket (up to 3x SMI): 50%.
- Third bracket: 60%.
Exceptions
Child support payments for divorce often do not respect the SMI limit; a judge can order any amount necessary for the children's sustenance. If you have children or high rent, you can formally request a 10-15% reduction in the garnishment percentages.
📊 Practical Example
Suppose the SMI is $1,134 and you earn $1,600 net. The first $1,134 is untouched. The difference is $466. On that $466, the court garnishes 30%, which is $139.80. You receive $1,460.20 net each month until the debt is paid. It is a far cry from losing the whole $1,600, which the law will never allow.
