Wage Garnishment in North Carolina
How much of your paycheck can be garnished in North Carolina and how to claim an exemption.
Short answer: The debtor's earnings for personal services in the 60 days before a court order cannot be applied to a judgment when the debtor shows they are needed to support a family that depends on the debtor's work. N.C. Gen. Stat. § 1-362
| Wage garnishment limit | The debtor's earnings for personal services in the 60 days before a court order cannot be applied to a judgment when the debtor shows they are needed to support a family that depends on the debtor's work. Source: N.C. Gen. Stat. § 1-362 |
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| Claiming an exemption | Before an execution can issue, the debtor must be served with a court Notice of Rights with a statement form. Within 20 days after receiving it, the debtor must file a motion to claim exempt property with a schedule of assets (and send a copy to the creditor), or request a hearing before the clerk. If the debtor does neither, the exemptions are waived. The creditor has 10 days to object; disputes go to a district court judge. The clerk or judge may relieve a waiver caused by mistake, surprise or excusable neglect (§ 1C-1601(c)(3)). Source: N.C. Gen. Stat. § 1C-1603 |
Where to get help in North Carolina
More North Carolina debt & collections
- Statute of Limitations on Debt in North Carolina
- How to Respond to a Debt Collection Lawsuit in North Carolina
- What Creditors Can't Take in North Carolina
- Medical Debt Protections in North Carolina
- All North Carolina debt & collections rules
FAQ
How much of my wages can be garnished in North Carolina?
The debtor's earnings for personal services in the 60 days before a court order cannot be applied to a judgment when the debtor shows they are needed to support a family that depends on the debtor's work.
How do I stop a garnishment or claim an exemption in North Carolina?
Before an execution can issue, the debtor must be served with a court Notice of Rights with a statement form. Within 20 days after receiving it, the debtor must file a motion to claim exempt property with a schedule of assets (and send a copy to the creditor), or request a hearing before the clerk. If the debtor does neither, the exemptions are waived. The creditor has 10 days to object; disputes go to a district court judge.
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.