Wage garnishment in Delaware
On these earnings, Delaware caps ordinary garnishment at $150 a week. Figures assume $1,000 gross and $800 disposable earnings in a week, for ordinary consumer debt.
| Limit | Weekly maximum |
|---|---|
| Federal (Title III)15 U.S.C. §1673 | $200 |
| Delaware10 Del. C. §4913(a) | $150 |
85% of wages is exempt, so at most 15% may be taken. Delaware sets NO minimum-wage floor of its own -- the federal floor of 30 times the federal minimum wage still protects low earners, because the debtor gets the benefit of whichever law protects more.
Eighty-five percent of the amount of the wages for labor or service of any person residing within the State shall be exempt from mesne attachment process and execution attachment process under the laws of this State; but such limitation shall be inapplicable to process issued for the collection of a fine or costs or taxes due and owing the State.
What this does not cover
- Inapplicable to a fine, costs, or taxes owed to the State.
- Only one attachment may be made against any amount of wages due at a time.
- Excludes payment for services rendered by a self-employed person.
Source: 10 Del. C. §4913, read 2026-08-22.
Work out your own Delaware garnishment
Already set to Delaware. Enter your pay and this applies both limits — Delaware’s and the federal one — and shows whichever binds. Disposable earnings are computed for you, so a voluntary deduction cannot quietly shrink the garnishment base.
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Delaware garnishment: common questions
How much of my paycheck can be garnished in Delaware?
85% of wages is exempt, so at most 15% may be taken. Delaware sets NO minimum-wage floor of its own -- the federal floor of 30 times the federal minimum wage still protects low earners, because the debtor gets the benefit of whichever law protects more. On $1,000 gross and $800 disposable earnings a week, that works out to $150. Federal law alone would allow $200.
Do these limits cover child support or back taxes in Delaware?
No. Every figure here is for ORDINARY consumer debt. Child support and alimony carry their own, much higher federal limits — 50% to 65% of disposable earnings depending on whether you support another family and how far in arrears you are. Tax levies and bankruptcy orders are separate again, and Delaware carves out further exceptions listed above.
How much can be garnished for a federal student loan in Delaware?
Delaware's limit above does not apply. A defaulted federal student loan can be collected by administrative wage garnishment without a court judgment, "notwithstanding any provision of State law" (31 U.S.C. §3720D). The most it can take is 15% of disposable pay, and never so much that you keep less than 30 times the federal minimum wage — $217.50 a week (34 C.F.R. §34.19). On $800 of disposable earnings a week that is $120. Private student loans are different: they are ordinary consumer debt, need a court judgment first, and follow Delaware's limit.
What counts as disposable earnings?
Under federal law it is gross pay minus deductions REQUIRED by law: income tax, Social Security, Medicare, and legally mandated retirement. A voluntary deduction does not reduce disposable earnings even though it reduces take-home pay — a 401(k), health premium, HSA or union dues do not shrink what can be garnished.
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