Sources
Every rule we cite, with the primary source, last checked 2026-09-30.
- Federal law
- 29 U.S.C. § 206(a)(1)(C): The federal minimum hourly wage is $7.25.
- 15 U.S.C. § 1673(a): Federal law caps wage garnishment for ordinary debts at the lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage ($217.50 a week).
- 15 U.S.C. § 1673(b)(1): The federal cap does not apply to court orders for child or spousal support, Chapter 13 bankruptcy orders, or debts for state or federal taxes.
- 12 C.F.R. § 1006.26(b) (Regulation F): A debt collector must not bring or threaten to bring a legal action against a consumer to collect a time-barred debt, meaning a debt for which the applicable statute of limitations has expired.
- 31 C.F.R. § 212.3 and § 212.6: When a bank receives a garnishment order, it must protect federal benefit payments such as Social Security that were directly deposited in the two months before it reviews the account. The protected amount is the lesser of those deposits or the account balance.
- 15 U.S.C. § 1672(a)-(b): Disposable earnings are the part of a person’s earnings left after deducting the amounts the law requires to be withheld. Earnings include wages, salary, commission and bonuses, and periodic pension or retirement payments.
- 20 U.S.C. § 1095a(a)(1): For a defaulted federal student loan, the guaranty agency or the Secretary of Education may garnish up to 15% of disposable pay without going to court, and more only with the borrower’s written consent. This applies notwithstanding State law.
- Virginia
- Va. Code § 8.01-246(A)(2): In Virginia, a lawsuit on a written, signed contract must be filed within 5 years.
- Va. Code § 8.01-246(A)(4): In Virginia, a lawsuit on an unwritten contract must be filed within 3 years.
- Va. Code § 40.1-28.10(B): From January 1, 2026 until January 1, 2027 the Virginia minimum hourly wage is the greater of $12.77 or the federal minimum wage. It rises to $13.75 on January 1, 2027.
- Va. Code § 34-29(A): In Virginia, a creditor can garnish no more than the lesser of 25% of weekly disposable earnings or the amount by which they exceed 40 times the federal or Virginia minimum hourly wage, whichever is greater. At $12.77 that protects the first $510.80 a week.
- Form DC-412, Warrant in Debt: A Virginia warrant in debt names a return date, the date the case is tried unless all parties agree otherwise. If a properly served defendant does not appear, the court may enter a default judgment.
- Rules of the Supreme Court of Virginia, Rule 3:8: In Virginia circuit court, a defendant must file a response within 21 days after being served.
- Va. Code § 16.1-94.1: A Virginia general district court judgment can be enforced for 10 years from the date of judgment.
- Va. Code § 8.01-251: A Virginia circuit court judgment dated on or after July 1, 2021 can be enforced for 10 years, and the creditor can extend it by recording a certificate before it expires.
- Maryland
- Md. Code, Cts. & Jud. Proc. § 5-101: In Maryland, most civil lawsuits, including suits on ordinary debts, must be filed within 3 years.
- Md. Code, Cts. & Jud. Proc. § 5-102: In Maryland, an action on a judgment or a contract under seal can be brought within 12 years.
- Maryland Department of Labor: The Maryland State minimum hourly wage is $15.00. Some counties set higher local rates, but the garnishment law uses the State rate.
- Md. Code, Com. Law § 15-601.1(b): In Maryland, the exempt part of each week's disposable wages is the greater of 75% or 30 times the State minimum hourly wage ($450.00 a week at $15.00). Medical insurance payments deducted by the employer are also exempt.
- Maryland Courts, What to Do if You Are Sued in District Court: If you are served in Maryland with a District Court complaint, you have 15 days from service to file a Notice of Intention to Defend. Out-of-state defendants have 60 days. If you don't respond in time, the court may enter a default order.
- Washington, DC
- D.C. Code § 12-301(6)-(7): In DC, a lawsuit on a simple contract, express or implied, must be filed within 3 years. A lawsuit on an instrument under seal has 12 years.
- DC Department of Employment Services: The DC minimum hourly wage rose from $17.95 to $18.40 on July 1, 2026, for all workers regardless of the size of the employer.
- D.C. Code § 16-572: In DC, a creditor can garnish at most 25% of the amount by which weekly disposable wages exceed 40 times the DC minimum hourly wage. At $18.40 that protects the first $736.00 a week.
- D.C. Super. Ct. Civ. R. 12(a): In DC Superior Court, a defendant must serve an answer within 21 days after being served with the summons and complaint.
- Pennsylvania
- 42 Pa.C.S. § 5525(a)(3), (8): In Pennsylvania, a lawsuit on a contract founded on a writing, or on an express contract not in writing, must be filed within 4 years.
- 42 Pa.C.S. § 8127(a): In Pennsylvania, wages held by an employer are exempt from attachment except for divorce, support, board for four weeks or less, residential landlord judgments (the lesser of 10% of net wages per pay period or a sum that does not put the debtor below the federal poverty income guidelines), Pennsylvania Higher Education Assistance Agency student loans, and restitution to crime victims, costs, fines or bail ordered in a criminal case.
- Pa.R.C.P. 1026(a): In Pennsylvania, a response to a complaint that carries a notice to defend must be filed within 20 days after service.
- West Virginia
- W. Va. Code § 55-2-6: In West Virginia, an action to recover money on a contract in writing signed by the party to be charged, but not under seal, must be brought within 10 years. An action on any other contract, express or implied, must be brought within 5 years.
- W. Va. Code § 38-5A-3(a): In West Virginia, a suggestee execution against wages from private employment is a lien on 20% of the salary or wages due after the deduction of all state and federal taxes, and no more. It may never reduce the amount paid to the debtor below 50 times the federal minimum hourly wage a week ($362.50 at $7.25), and an execution issues only if weekly pay after those taxes exceeds that figure.
- W. Va. R. Civ. P. 12(a)(1)(A): In West Virginia, a defendant must serve an answer within 30 days after being served with the summons and complaint.
- W. Va. Code § 38-3-18(a): In West Virginia, execution may be issued on a judgment within 10 years after its date, and further executions within 10 years from the return day of the last execution issued on it.
- North Carolina
- N.C.G.S. § 1-52(1): In North Carolina, a lawsuit upon a contract, obligation or liability arising out of a contract, express or implied, must be filed within 3 years.
- N.C.G.S. § 1-362: In North Carolina, a debtor's earnings for personal services in the 60 days before the order cannot be applied to the judgment when it appears those earnings are necessary for the use of a family supported wholly or partly by the debtor's labor.
- N.C.G.S. § 1A-1, Rule 12(a)(1): In North Carolina, a defendant must serve an answer within 30 days after service of the summons and complaint.
- N.C.G.S. § 1-47(1): In North Carolina, an action upon a judgment or decree of any court of the United States, or of any state or territory, must be brought within 10 years from the date of its entry.
- South Carolina
- S.C. Code § 15-3-530(1): In South Carolina, an action upon a contract, obligation or liability, express or implied, must be brought within 3 years.
- S.C. Code § 37-5-104: In South Carolina, for a debt arising from a consumer credit sale, a consumer lease, a consumer loan or a consumer rental-purchase agreement, wherever it was made, the creditor may not attach the debtor’s unpaid earnings by garnishment or like proceedings.
- S.C. R. Civ. P. 12(a): In South Carolina, a defendant must serve an answer within 30 days after the complaint is served.
- S.C. Code § 15-39-30: In South Carolina, an execution may issue on a final judgment at any time within 10 years from the date of its original entry, and stays active for that period without renewal.
- Florida
- Fla. Stat. § 95.11(2)(b): In Florida, an action on a contract, obligation or liability founded on a written instrument must be filed within 5 years.
- Fla. Stat. § 95.11(3)(j): In Florida, an action founded on a contract, obligation or liability not founded on a written instrument, including store accounts, must be filed within 4 years.
- Fla. Stat. § 222.11: In Florida, all disposable earnings of a head of family whose disposable earnings are $750 a week or less are exempt from attachment or garnishment, and earnings above $750 a week can be reached only if the head of family agreed to it in writing. Disposable earnings of a person who is not head of family may not be garnished beyond the federal Consumer Credit Protection Act limit.
- Fla. R. Civ. P. 1.140(a)(1): In Florida, a defendant must serve an answer within 20 days after service of original process and the initial pleading, unless a Florida statute sets a different time.
- Fla. Stat. § 95.11(1): In Florida, an action on a judgment or decree of a court of record in this state must be brought within 20 years.