In Nebraska, if you are the head of a family, an ordinary creditor with a court judgment can garnish only 15% of your disposable weekly earnings — not the 25% federal ceiling that most people assume applies everywhere. This is one of the most important and least-known protections in Nebraska debt law. Under Neb. Rev. Stat. § 25-1558, the maximum that can be taken from a head of family is the lesser of 15% of disposable earnings, or the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage. If you are not the head of a family, Nebraska applies the standard 25% cap. So in Nebraska, who depends on your income can cut the maximum garnishment nearly in half.
Nebraska's wage garnishment cap, explained
"Disposable earnings" means what is left of your paycheck after legally required deductions — federal and state taxes, Social Security, and Medicare. It does not mean take-home pay after voluntary deductions like a 401(k), health insurance, or union dues. The garnishment percentage is calculated on that disposable figure.
Nebraska's statute gives you two protections and applies whichever leaves you with more money:
- The percentage cap. 15% of disposable earnings if you are the head of a family; 25% if you are not.
- The minimum-wage floor. The amount by which your weekly disposable earnings exceed 30 times the federal minimum wage is the most that can ever be reached. Everything below that floor is fully protected.
As of 2026, the federal minimum wage used in this calculation is $7.25 per hour, which makes the protected floor roughly $217.50 of disposable earnings per week. Nebraska's statute ties the floor to the federal minimum wage, not Nebraska's own (higher) state minimum wage, so the floor has not moved with the state increases. Because Congress can change the federal rate, confirm the current figure with an official source before relying on an exact dollar amount. If your weekly disposable earnings are at or below that floor, a creditor for an ordinary debt cannot garnish anything.
How "head of family" works
The 15% cap is the headline benefit, and it depends entirely on whether you qualify as the head of a family — generally someone who provides more than half the support for a spouse, child, or other dependent. This status is not automatic; you typically must assert it. If you are entitled to the 15% rate but never tell the court, the garnishment may proceed at 25%. Claiming head-of-family status correctly is one of the highest-value steps a Nebraska debtor can take.
How garnishment gets started in Nebraska
A creditor for an ordinary consumer debt — a credit card, medical bill, personal loan, or deficiency balance — generally cannot touch your wages until it has first sued you and won a money judgment. Only after a judgment can the creditor ask the court for a garnishment, which is served on your employer (the "garnishee"). Your employer is then legally obligated to withhold the allowed portion and pay it to the court or creditor.
A few categories of debt skip the lawsuit-and-judgment step or use different, higher limits:
- Child and spousal support. Under the federal Consumer Credit Protection Act, support orders can reach far more than ordinary debts — up to 50% of disposable earnings if you support another spouse or child, and up to 60% (plus an extra 5% for arrears more than 12 weeks old) if you do not. Nebraska's 15%/25% caps do not protect against support garnishment.
- Unpaid federal taxes. The IRS uses its own formula based on a table of exempt amounts and does not need a court judgment.
- Federal student loans. The U.S. Department of Education can administratively garnish up to 15% of disposable pay without first going to court.
Income that is exempt from garnishment
Some income is protected no matter how much you owe. Under federal and Nebraska law, the following are generally exempt from garnishment for ordinary consumer debts:
- Social Security and SSI benefits
- Veterans' benefits
- Unemployment compensation
- Workers' compensation
- Public assistance and welfare benefits
- Many pension and retirement benefits
- Child support you receive for your dependents
A critical practical warning: once exempt funds like Social Security land in your bank account, they can be frozen by a separate bank-account garnishment even though the underlying income was protected. Federal rules require banks to protect a cushion of recent direct-deposited federal benefits automatically, but commingling exempt money with other funds can complicate the claim. Keeping protected benefits in a separate account makes it far easier to prove they are exempt.
How to claim your exemption and stop or reduce garnishment
Nebraska exemptions are not always applied for you — in many cases you must claim them, and there are deadlines. Take these steps:
- Read every document you are served. A garnishment usually comes with notice of your right to request a hearing and to claim exemptions. Note the response window stated on the paperwork and act quickly — missing the deadline can waive valuable protections.
- File your exemption claim or request a hearing. Use the court's process to assert head-of-family status (to get 15% instead of 25%) and to identify any exempt income that is being reached. The court can adjust or release the garnishment.
- Bring proof. Pay stubs showing disposable earnings, evidence of dependents, and bank records showing exempt deposits all strengthen your claim.
- Verify the judgment is valid. If you were never properly served with the original lawsuit, or the debt is past Nebraska's statute of limitations, you may have grounds to challenge the underlying judgment itself.
- Watch for federal protections too. The federal Fair Debt Collection Practices Act (FDCPA) bars abusive collection tactics, and the CCPA forbids your employer from firing you because of a single garnishment.
Where to verify and get help
Because dollar figures and procedures change, confirm details before you rely on them. The Nebraska Attorney General's Consumer Protection Division handles consumer complaints and publishes guidance on debt collection and Nebraskans' rights. You can also read the governing statute, Neb. Rev. Stat. § 25-1558, on the Nebraska Legislature's official website, and consult the clerk of the county court where your garnishment was filed about local forms and deadlines. For the current federal minimum wage used in the garnishment floor, check the U.S. Department of Labor. If your wages or bank account are being garnished and you are unsure of your rights, a Nebraska legal aid organization or a consumer attorney can review your specific situation.
This article is general information about Nebraska law, not legal advice for your case. Garnishment outcomes depend on the type of debt, your family status, and your income, so verify the specifics before acting.
Official Nebraska Sources
This page is based on Nebraska law. Limits and deadlines change — verify the current details directly with the official Nebraska sources below. This is general legal information, not legal advice.
Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Nebraska’s own rules.
Frequently asked questions
How much of my paycheck can a creditor garnish in Nebraska?
For an ordinary debt, a Nebraska creditor with a judgment can take the lesser of 15% of your disposable earnings if you are the head of a family, or 25% if you are not, under Neb. Rev. Stat. § 25-1558. In every case, earnings up to 30 times the federal minimum wage per week are fully protected, so low-income paychecks may be exempt entirely.
What makes Nebraska different from the federal 25% rule?
The federal cap is 25% of disposable earnings for everyone. Nebraska cuts that to 15% for a head of family — someone who provides more than half the support of a spouse, child, or dependent. You generally must assert head-of-family status, or the garnishment may proceed at the higher 25% rate.
Can my Social Security or unemployment be garnished in Nebraska?
No, not for ordinary consumer debts. Social Security, SSI, veterans' benefits, unemployment, workers' compensation, and public assistance are exempt. But once deposited in a bank account they can be frozen by a separate account garnishment, so keep protected benefits in a separate account and be ready to claim the exemption.
Does a creditor need to sue me first before garnishing wages in Nebraska?
Yes, for ordinary debts like credit cards and medical bills, a creditor must sue you, win a money judgment, and then obtain a garnishment served on your employer. Exceptions include child support, unpaid federal taxes, and federal student loans, which use their own procedures and higher limits.
How do I stop or reduce a wage garnishment in Nebraska?
Read the garnishment notice carefully and meet its deadline. File an exemption claim or request a hearing with the court to assert head-of-family status (15% instead of 25%) and to identify exempt income. Bring pay stubs, proof of dependents, and bank records, and consider challenging the judgment if you were never properly served or the debt is time-barred.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
