Arizona Wage Garnishment Laws

A "wage garnishment," sometimes called a "wage attachment," is an order requiring your employer to withhold a certain amount of money from your pay and send it directly to one of your creditors. In most cases, a creditor can't garnish your wages without first getting a money judgment from a court. For instance, if you're behind on credit card payments or owe a doctor's bill, those creditors can't garnish your wages unless they sue you and get a judgment.

However, some creditors, like those you owe taxes, federal student loans, child support, or alimony, don't have to file a suit to get a wage garnishment. These creditors have a statutory right to take money directly from your paycheck.

Still, creditors can't seize all of the money in your paycheck. Different federal and state rules and legal limits determine how much of your pay can be garnished. For example, federal law limits how much judgment creditors can take. The wage garnishment laws in Arizona are more generous than federal wage garnishment laws.

The creditor will continue to garnish your wages until the debt is paid off or you take some measures to stop the garnishment, such as claiming an exemption with the court. Your state's exemption laws determine the amount of income you'll be able to retain. Depending on your situation, you might be able to partially or fully keep your money. You can also potentially stop most garnishments by filing for bankruptcy.

What Are the Types of Wage Garnishments?

Generally, any of your creditors might be able to garnish your wages. Again, some creditors must first get a judgment and court order before garnishing wages. Other creditors don't need a court order.

The most common types of debt that may be garnished from your wages include:

• child support and alimony
• unpaid federal and state income taxes
• federal student loans, and
• court judgments against you for some other unpaid bill (like a credit card balance or personal loan).

What Is the Most Judgment Creditors Can Garnish From My Paycheck Under Federal Law?

Under federal law, the garnishment amount for judgment creditors is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673).

Some states, like Arizona, set a lower percentage limit for how much of your wages are subject to garnishment.

Limits on Wage Garnishment for Judgment Creditors in Arizona

Under Arizona law, on a weekly basis, the garnishment can't exceed the lesser of:

• 10% of your disposable earnings for that week or
• the amount by which your disposable earnings for that week surpass 60 times the applicable minimum hourly wage. The applicable minimum hourly wage is the minimum wage required by federal, state or local law, whichever is highest. (Ariz. Rev. Stat. § 33-1131).

In addition, garnishment is forbidden if the debt was, at the time of service of the writ, subject to an effective agreement for debt scheduling between the judgment debtor and a qualified debt counseling organization. (Ariz. Rev. Stat. § 12-1598.10(B, C)). ("Debt scheduling" means getting counseling and assistance from a qualified debt counseling organization and setting up a payment plan for debts.) (Ariz. Rev. Stat. § 12-1598).

How to Find a Qualified Debt Counseling Organization in Arizona

Under Arizona law, a "qualified debt counseling organization" means a nonprofit corporation authorized to do business in Arizona for the purpose of counseling persons with respect to their financial obligations and assisting them in dealing with their creditors. (Ariz. Rev. Stat. § 12-1598).

Here are a few ways you might go about finding a qualified debt counseling organization:

• Look for a company that's accredited, usually by the Council on Accreditation (COA) or the International Organization for Standardization (ISO).
• Consider using a member of the National Foundation for Credit Counseling (NFCC), which is accredited by the COA.
• Find out if the counselors working for the agency are certified by an independent agency, which means they've passed a certification exam that tests for understanding in areas like counseling, budgeting, credit and consumer law, debt management, and bankruptcy.
• Check to make sure no complaints have been filed against the company with your state attorney general's office, the Better Business Bureau, and local consumer protection agencies.

Legitimate debt counseling organizations offer financial help for free or at a minimal charge. But beware of for-profit debt relief services. Many of these companies are scammers that charge high fees for services you can do yourself or leave you in worse shape than when before you hired the company.

Limits for Child Support, Student Loans, and Unpaid Taxes

If you owe child support, federal student loans, or taxes, the government or creditor can garnish your wages without getting a court judgment for that purpose. The amount that can be garnished is different than it is for judgment creditors, too.

Garnishment Limits for Unpaid Child Support

Since 1988, all court orders for child support include an automatic income withholding order. The other parent can also get a wage garnishment order from the court if you get behind in child support payments.

Federal law limits this type of wage garnishment. Up to 50% of your disposable earnings may be garnished to pay child support if you're currently supporting a spouse or a child who isn't the subject of the order. If you aren't supporting a spouse or child, up to 60% of your earnings may be taken. An additional 5% may be taken if you're more than 12 weeks in arrears. Idaho state law follows this federal law. (15 U.S.C. § 1673).

Under Arizona law, 50% of your disposable earnings may be garnished for a support order. (Ariz. Rev. Stat. § 33-1131).

Garnishment Limit for Federal Student Loans in Default

If you're in default on a federal student loan, the U.S. Department of Education or any entity collecting for this agency can garnish up to 15% of your pay. (20 U.S.C. § 1095a(a)(1)). This kind of garnishment is called an "administrative garnishment." But you can keep an amount that's equivalent to 30 times the current federal minimum wage per week. (Remember, federal law protects the level of income equal to 30 times the minimum wage per week from garnishment.) (15 U.S.C. § 1673).

Garnishment Limits for Unpaid Taxes

The federal government can garnish your wages (called a "levy") if you owe back taxes, even without a court judgment. The weekly exempt amount is based on the total of the taxpayer's standard deduction and the aggregate amount of the deductions for personal exemptions allowed the taxpayer in the taxable year in which such levy occurs. Then, this total is divided by 52. If you don't verify the standard deduction and how many dependents you would be entitled to claim on your tax return, the IRS bases the amount exempt from levy on the standard deduction for a married person filing separately, with only one personal exemption. (26 U.S.C. § 6334(d)).

States and local governments might also be able to garnish your wages to collect unpaid state and local taxes. Contact your state labor department to find out more.

How to Protect Your Wages From Garnishment

If you receive a notice of a wage garnishment order, you might be able to protect (exempt) some or all of your wages by filing an exemption claim with the court or raising an objection. The procedures you need to follow to object to a wage garnishment depend on the type of debt that the creditor is trying to collect, as well as the laws of your state. But usually, you must act quickly. You might have to go to a hearing, but if you win, a judge might eliminate or reduce the garnishment.

You can often stop garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

Talk to a lawyer to learn more about how you can protect your wages.

Restrictions on Job Termination Due to Wage Garnishments

Complying with wage garnishment orders can be a hassle for your employer; some might prefer to terminate your employment rather than comply. Federal law provides some protection for you in this situation. Under federal law, your employer can't discharge you if you have one wage garnishment. (15 U.S.C. § 1674).

Some states offer more protection for debtors. In Arizona, your employer can't fire you because you have a child support withholding order. New hires, returning employees, or rehired employees may be required to disclose whether they have an existing child support withholding order, but the employer can't discriminate or base any hiring, firing, or disciplinary decisions on this information. (Ariz. Rev. Stat. § 23-722.02).

Read More Articles

Learn about wage garnishments for credit card debt.

Find out if a mortgage company can garnish your wages after foreclosure.

Get information about when a creditor will stop garnishing wages.

Getting More Information on Arizona Wage Garnishment Laws

This article provides an overview of Arizona's wage garnishment laws. You can find more information on garnishment in general on the U.S. Department of Labor website. To find more information about wage garnishment laws in Arizona, including the procedures employers must follow in carrying out wage garnishment orders, check out the Arizona Judicial Branch website.

Talk to a Lawyer

For information specific to your situation or to get help objecting to a garnishment, contact a local debt relief attorney.