How much of my wages can be garnished in Wisconsin?
Wisconsin uses a lower percentage cap (20% vs 25%) and offers a poverty-line full exemption.
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. Wisconsin Rule
Wis. Stat. § 812.34(2)(b) caps earnings garnishment at the lesser of:
§ 812.34(2)(c) provides a complete exemption if the debtor's household income is at or below the federal poverty line. The debtor files an answer claiming poverty exemption with supporting income documentation.
3. Special Categories
4. Head-of-Household Exemption
No separate head-of-household exemption, but the poverty-line full exemption provides functionally similar protection for low-income families.
5. Process
Creditor obtains judgment, then serves an Earnings Garnishment Notice (Form CV-422) on the debtor at least 5 days before filing the Earnings Garnishment on the employer per Wis. Stat. § 812.35. Employer withholds for 13 weeks per garnishment; creditor must refile to continue. Debtor returns Answer (Form CV-426) to claim exemptions.
6. Multiple Garnishments
Support orders have priority. Only one earnings garnishment satisfies at a time; subsequent garnishments queue under § 812.39.
7. Employer Anti-Retaliation
15 U.S.C. § 1674 prohibits firing for a single garnishment. Wis. Stat. § 812.43 echoes this.
8. Bank Garnishment vs Wage Garnishment
Non-earnings garnishments under Wis. Stat. § 812.01 can reach bank accounts. Wis. Stat. § 815.18(3)(k) exempts $5,000 in deposit accounts, plus federal benefit protections under 31 C.F.R. Part 212.
This is legal information, not legal advice.
- Household income near federal poverty line
- Creditor refiling 13-week garnishment repeatedly
- Bank account levied beyond $5,000 exemption
- Wis. Stat. § 812.34
- Wis. Stat. § 812.35
- Wis. Stat. § 815.18
- 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.