In North Dakota, an ordinary creditor with a money judgment can garnish the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 40 times the federal minimum wage (N.D.C.C. ch. 32-09.1). Because the federal minimum wage is $7.25 an hour as of 2026, that protected floor works out to about $290 per week — noticeably more generous than the federal baseline of 30 times the minimum wage (about $217.50 per week). North Dakota also adds a separate exemption of roughly $20 per week for each dependent family member who lives with you, which can push the protected amount higher and, for lower earners, can wipe out the garnishment entirely. Confirm the current minimum-wage figure and the exact dependent amount before you rely on a specific dollar number, because these values can change.
North Dakota's wage-garnishment cap, explained
Wage garnishment is a post-judgment collection tool: a creditor sues you, wins a judgment, and then serves a garnishment on your employer to take part of each paycheck. Federal law — Title III of the Consumer Credit Protection Act — sets a national ceiling that no state can exceed: a creditor may take at most 25% of disposable earnings, or the amount over 30 times the federal minimum wage, whichever is less. States are free to protect more of your wages, and North Dakota does exactly that.
North Dakota law uses the same 25% cap but raises the dollar floor to 40 times the federal minimum hourly wage instead of the federal 30 times. The practical effect: the first ~$290 of your weekly disposable earnings is fully protected in North Dakota, versus ~$217.50 under the federal rule. The garnishment is calculated on the lesser of the two formulas, so whichever protects more of your pay controls.
"Disposable earnings" is your pay after legally required deductions — federal, state, and local taxes, Social Security, and similar mandatory withholdings. It is not your gross pay, and it is not your take-home pay after voluntary deductions like a 401(k) contribution, health insurance you elected, or union dues. Garnishment is figured on disposable earnings, which is usually a bit lower than gross.
The dependent exemption
North Dakota gives a wage earner an additional exemption of about $20 per week for each dependent family member residing with the debtor. This stacks on top of the 40-times-minimum-wage floor. If you support several dependents and earn a modest paycheck, the combined exemption can leave nothing for an ordinary creditor to take. Because the precise dependent amount is set by statute and could be adjusted, verify the current figure with an official source rather than assuming.
What income is exempt from garnishment in North Dakota
Several categories of income are off-limits to ordinary creditors, by federal law, North Dakota law, or both. These generally cannot be garnished for consumer debts:
- Social Security and Supplemental Security Income (SSI) benefits
- Veterans' benefits and most federal benefit payments
- Unemployment compensation
- Workers' compensation benefits
- Public assistance and most welfare benefits
- Most pension and retirement plan payments
- Child support you receive for your children
One important catch: once exempt funds (like Social Security) are deposited into a bank account, a creditor may try to levy the account and you may have to prove the money's exempt source. Federal banking rules require banks to protect a couple of months of directly deposited federal benefits automatically, but mixing exempt and non-exempt money can complicate things. Keep records showing where the deposits came from.
Higher limits for child support, taxes, and student loans
The 25% cap protects you from ordinary creditors — credit cards, medical bills, personal loans, and similar debts. Different and higher limits apply to special categories:
- Child and spousal support: Under federal law, up to 50% to 65% of disposable earnings can be withheld, depending on whether you support another family and how far behind you are.
- Federal and state taxes: The IRS and the state can take amounts set by their own rules, which are not bound by the 25% consumer cap.
- Federal student loans: The U.S. Department of Education can administratively garnish up to 15% of disposable pay without first going to court.
How to claim an exemption and stop or reduce a garnishment
North Dakota's garnishment statute builds in a notice-and-claim process so you have a chance to assert your exemptions before money is taken. The mechanics generally work like this:
- You receive a notice. Before or at the time of garnishment, the creditor must provide you with notice of the garnishment and an exemption claim form describing your right to protect exempt earnings and income.
- You file the exemption claim quickly. North Dakota law gives you a short window to return the exemption claim — act immediately, because deadlines in garnishment cases are tight and missing one can let the garnishment proceed.
- You explain why the money is protected. Identify the exempt source (Social Security, the 40-times-minimum-wage floor, the dependent exemption, etc.) and provide supporting documentation.
- A hearing may follow. If the creditor disputes your claim, the court decides what is exempt.
Because the exact number of days to respond and the precise form requirements are set by statute and court rule, confirm the current deadline on your paperwork and with the court — do not rely on a remembered number. If you miss the deadline, you may still be able to ask the court to release exempt funds, but it is far easier to claim the exemption up front.
Other ways to limit garnishment
Beyond claiming statutory exemptions, you can sometimes negotiate a payment plan directly with the creditor, dispute the underlying debt if it is not actually yours or is past the statute of limitations, or — if you are deeply insolvent — consider bankruptcy, which triggers an automatic stay that immediately halts most garnishments. These are bigger decisions; weigh them carefully and consider professional advice.
Where to verify North Dakota's rules
For authoritative, current information, start with the Consumer Protection and Antitrust Division of the North Dakota Office of Attorney General, which handles consumer complaints and publishes guidance on debt collection and garnishment. The garnishment statute itself is North Dakota Century Code chapter 32-09.1, available through the North Dakota Legislative Branch's official code website. For court forms and filing deadlines, check the North Dakota Courts (Supreme Court) self-help resources. If a garnishment threatens income you cannot live without, Legal Services of North Dakota and local legal aid offices may be able to help, and the federal Consumer Financial Protection Bureau offers free general guidance on garnishment and the federal protections that apply nationwide.
This article is general information, not legal advice. Garnishment outcomes turn on the specific facts of your case and on figures that can change year to year, so confirm any dollar amount or deadline with the official North Dakota sources above before acting.
Official North Dakota Sources
This page is based on North Dakota law. Limits and deadlines change — verify the current details directly with the official North Dakota 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 North Dakota’s own rules.
Frequently asked questions
How much of my paycheck can a creditor take in North Dakota?
For ordinary debts, a creditor can take the lesser of 25% of your disposable earnings or the amount your weekly disposable earnings exceed 40 times the federal minimum wage (about $290 per week as of 2026). You also get an extra exemption of roughly $20 per week per dependent living with you, so verify the current figures before relying on an exact number.
Does North Dakota protect more wages than federal law?
Yes. The federal floor is 30 times the minimum wage (about $217.50 per week), while North Dakota uses 40 times the minimum wage (about $290 per week) and adds a per-dependent exemption. The 25% cap is the same, but North Dakota's higher dollar floor shields more of your pay for lower earners.
What income can't be garnished in North Dakota?
Social Security, SSI, veterans' benefits, unemployment, workers' compensation, public assistance, and most pensions and retirement payments are generally exempt from garnishment by ordinary creditors. Keep proof of the source if these funds are deposited in a bank account that a creditor tries to levy.
How do I stop a wage garnishment in North Dakota?
File the exemption claim form that comes with your garnishment notice as soon as you receive it, identifying the exempt income (the wage floor, dependent exemption, Social Security, etc.) and attaching documentation. Deadlines are short, so act immediately and confirm the exact response window on your paperwork or with the court.
Can my wages be garnished for child support more aggressively?
Yes. The 25% consumer cap does not apply to child or spousal support. Under federal law, 50% to 65% of disposable earnings can be withheld for support, depending on whether you support another family and how far behind you are. Taxes and federal student loans also follow their own, higher limits.
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.
