Wage Garnishment in North Dakota
How much of your paycheck can be garnished in North Dakota and how to claim an exemption.
Short answer: The lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal minimum hourly wage (stricter than the federal 30x floor). N.D.C.C. 32-09.1-03, 32-09.1-04
| Wage garnishment limit | The lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal minimum hourly wage (stricter than the federal 30x floor). The garnishable amount is reduced by $20 per week for each dependent family member living with the debtor, if the debtor gives the employer a signed list of dependents within 10 days after receiving the garnishee summons. The creditor must mail or serve a notice at least 10 days before garnishing wages. Source: N.D.C.C. 32-09.1-03, 32-09.1-04 |
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| Claiming an exemption | After a writ of execution, the claim for exemptions must be made within 10 days after the notice of levy is served. When non-wage property (such as a bank account) is garnished, the debtor must file a sworn schedule of personal property within 20 days after service of the garnishee summons; the court can hear it on 3 days' notice to the creditor. Property not listed in the schedule is not exempt. The court self-help center does not provide claim-for-exemption forms. Statute text: https://ndlegis.gov/cencode/t28c22.pdf and https://ndlegis.gov/cencode/t32c09-1.pdf |
Where to get help in North Dakota
- North Dakota Department of Financial Institutions (licenses and regulates collection agencies)
- File a complaint or claim
More North Dakota debt & collections
- Statute of Limitations on Debt in North Dakota
- How to Respond to a Debt Collection Lawsuit in North Dakota
- What Creditors Can't Take in North Dakota
- All North Dakota debt & collections rules
FAQ
How much of my wages can be garnished in North Dakota?
The lesser of 25% of weekly disposable earnings or the amount by which weekly disposable earnings exceed 40 times the federal minimum hourly wage (stricter than the federal 30x floor). The garnishable amount is reduced by $20 per week for each dependent family member living with the debtor, if the debtor gives the employer a signed list of dependents within 10 days after receiving the garnishee summons. The creditor must mail or serve a notice at least 10 days before garnishing wages.
How do I stop a garnishment or claim an exemption in North Dakota?
After a writ of execution, the claim for exemptions must be made within 10 days after the notice of levy is served. When non-wage property (such as a bank account) is garnished, the debtor must file a sworn schedule of personal property within 20 days after service of the garnishee summons; the court can hear it on 3 days' notice to the creditor. Property not listed in the schedule is not exempt. The court self-help center does not provide claim-for-exemption forms.
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.