Wage Garnishment in New Mexico
How much of your paycheck can be garnished in New Mexico and how to claim an exemption.
Short answer: Stricter than federal law. Exempt is the greater of 75% of disposable earnings or 40 times the highest applicable federal, state or local minimum hourly wage per week. NMSA 1978, § 35-12-7
| Wage garnishment limit | Stricter than federal law. Exempt is the greater of 75% of disposable earnings or 40 times the highest applicable federal, state or local minimum hourly wage per week. Exempt wages keep their protection when deposited in a personal bank account if reasonably traceable. Child support garnishments may take up to 50%. Amended by 2023 ch. 104. Source: NMSA 1978, § 35-12-7 |
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| Claiming an exemption | The creditor must give the debtor a notice of the right to claim exemptions, with a complete list of exemptions, or a claim form. To claim an exemption, file a claim of exemption in the court that issued the writ; the time allowed may not be less than 10 days after the writ of execution is filed. Court rules 1-065.1, 2-801, 3-801 and form 4-803 NMRA govern the details; statewide forms: https://nmcourts.gov/forms-files/civil Source: NMSA 1978, § 42-10-13 |
Where to get help in New Mexico
- New Mexico Department of Justice, Consumer Protection; Regulation and Licensing Department, Financial Institutions Division (licenses collection agencies)
- File a complaint or claim
More New Mexico debt & collections
- Statute of Limitations on Debt in New Mexico
- How to Respond to a Debt Collection Lawsuit in New Mexico
- What Creditors Can't Take in New Mexico
- Medical Debt Protections in New Mexico
- All New Mexico debt & collections rules
FAQ
How much of my wages can be garnished in New Mexico?
Stricter than federal law. Exempt is the greater of 75% of disposable earnings or 40 times the highest applicable federal, state or local minimum hourly wage per week. Exempt wages keep their protection when deposited in a personal bank account if reasonably traceable. Child support garnishments may take up to 50%.
How do I stop a garnishment or claim an exemption in New Mexico?
The creditor must give the debtor a notice of the right to claim exemptions, with a complete list of exemptions, or a claim form. To claim an exemption, file a claim of exemption in the court that issued the writ; the time allowed may not be less than 10 days after the writ of execution is filed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.