How much of my wages can be garnished in Louisiana?

Louisiana uses the federal 25% cap but courts have wide discretion to grant additional hardship 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. Louisiana Rule

La. R.S. § 13:3881(A)(1) exempts 75% of disposable earnings from seizure (mirroring the 25% federal cap) with the 30×-FMW floor. Critically, § 13:3881(A)(1)(b) authorizes the court — on the debtor's motion — to "exempt from seizure a greater portion of, or all of, the disposable earnings of a debtor" upon a showing of necessity.

3. Special Categories

Child/spousal support: Up to 50-65% under 15 U.S.C. § 1673(b) and La. R.S. § 46:236.3 (Income Assignment).

IRS levy: 26 U.S.C. § 6334.

Federal student loans: 15% under 20 U.S.C. § 1095a.

State tax: La. R.S. § 47:1568 — Department of Revenue distraint warrant and wage levy.

4. Head-of-Household Exemption

No automatic head-of-household exemption, but the discretionary additional exemption under § 13:3881(A)(1)(b) is typically requested by debtors supporting dependents — and Louisiana courts have routinely granted full or partial increases for low-income families.

5. Process

Creditor obtains judgment, then files Petition for Garnishment under La. Code Civ. P. art. 2411 with garnishment interrogatories served on the employer. Employer must answer within 15 days. Debtor receives notice and may seek hearing for increased exemption.

6. Multiple Garnishments

Support orders have priority. Among ordinary creditors, the first seizure ranks first; subsequent garnishments queue under C.C.P. art. 2415.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 prohibits firing for a single garnishment. La. R.S. § 23:731 prohibits termination for wage garnishment generally.

8. Bank Garnishment vs Wage Garnishment

Bank seizure is by writ of fieri facias under C.C.P. art. 2411 served on the bank. La. R.S. § 13:3881(A)(4) wildcard exempts $7,500 in non-luxury items, plus federal benefit protections under 31 C.F.R. Part 212. Louisiana civil law tracing of exempt funds in bank accounts is generally favorable to debtors who can document the source.

This is legal information, not legal advice.