Question 1

How long do I have to object?

Accepted Answer

Short — most state garnishment statutes give 7 to 21 days from service of the writ. Utah is 14 days. California is 10 days. New York is 20 days. Federal student-loan administrative wage garnishment is 30 days. Miss the deadline and the garnishment proceeds for the full duration of the writ. Act immediately.

Question 2

What's the 25% federal cap?

Accepted Answer

The Consumer Credit Protection Act (15 U.S.C. § 1673(a)) caps wage garnishment for ordinary consumer debt at the LESSER of: (a) 25% of disposable earnings (gross minus required deductions like taxes, FICA), or (b) the amount by which disposable earnings exceed 30x the federal minimum wage. The cap protects you AS A FLOOR — your state may protect more (some states don't allow consumer-debt wage garnishment at all). Child support, spousal support, taxes, and federal student loans have higher caps and don't apply here.

Question 3

Are Social Security or VA benefits exempt?

Accepted Answer

Yes — federally protected. Social Security, SSI, VA disability, federal pension, and a handful of others are categorically exempt from garnishment for consumer debt under 31 C.F.R. § 212 and 42 U.S.C. § 407. If the creditor garnished a bank account that received these direct deposits, the bank is required to look back 2 months and protect those funds automatically. If they failed to, file the objection AND a complaint with the bank.

Question 4

What is the head-of-household exemption?

Accepted Answer

Many states fully or substantially exempt the wages of the principal earner who supports dependents. Florida is the most famous (100% exempt for head of household earning $750/wk or less). Other states have lower caps but still protect head of household. Check your state's specific exemption statute — the amount and the proof requirements (typically marriage cert / dependent records) vary widely.

Question 5

I never knew about the lawsuit — what now?

Accepted Answer

If you were never served (or were served improperly), the underlying default judgment may be voidable. Pick "improper service" in the wizard. After filing the objection, immediately file a separate Motion to Set Aside Default Judgment under your state's civil rules (Utah URCP 60, federal FRCP 60, etc.). Both can run in parallel — the objection stops the bleeding, the motion to set aside attacks the underlying judgment.

Question 6

What if the debt was discharged in bankruptcy?

Accepted Answer

A garnishment for a discharged debt is a violation of the bankruptcy discharge injunction (11 U.S.C. § 524(a)(2)). File the objection (pick "bankruptcy discharge"), attach the discharge order, and consider a motion in the bankruptcy court to reopen for contempt. Many courts award sanctions including attorney fees and emotional-distress damages — collectors who garnish discharged debt do so at significant risk.

Object to a wage garnishment.

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Object to a wage garnishment.

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FDCPA validation letter — free