How much of my wages can be garnished in Indiana?
Indiana applies the federal CCPA formula and adds modest non-wage exemptions.
1. Federal Floor
15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week).
2. Indiana Rule
Ind. Code § 24-4.5-5-105 adopts the federal CCPA cap for consumer debts. Ind. Code § 34-55-10-2 lists personal property exemptions including a $400 wildcard for non-real-estate tangible property.
3. Special Categories
4. Head-of-Household Exemption
Indiana has no head-of-household exemption.
5. Process
Creditor obtains judgment, then files Verified Motion for Proceedings Supplemental under Trial Rule 69(E) with employer named as garnishee. Court holds a hearing; debtor may claim exemptions. Garnishment Order issues to employer requiring withholding each pay period.
6. Multiple Garnishments
Support orders have priority. Among ordinary creditors, only one continuing garnishment satisfies at a time under Ind. Code § 24-4.5-5-105(7); subsequent garnishments queue.
7. Employer Anti-Retaliation
15 U.S.C. § 1674 prohibits firing for a single garnishment. Ind. Code § 24-4.5-5-106 echoes this for consumer garnishments.
8. Bank Garnishment vs Wage Garnishment
Bank account garnishment also proceeds under Trial Rule 69(E). Ind. Code § 34-55-10-2(c)(3) exempts $400 wildcard in intangible personal property including bank funds. Federal benefit protections under 31 C.F.R. Part 212 apply.
This is legal information, not legal advice.
- Proceedings supplemental hearing scheduled
- Bank account frozen with exempt benefits
- Multiple competing garnishments by different creditors
- Ind. Code § 24-4.5-5-105
- Ind. Code § 34-55-10-2
- Indiana Trial Rule 69(E)
- 15 U.S.C. § 1673
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.