How much of my wages can be garnished in Arizona?

Question

Accepted Answer

Short answer: In Arizona, a creditor generally may garnish no more than 10% of your disposable earnings for the week, or the amount by which that week's disposable earnings exceed 60 times the applicable minimum hourly wage — whichever is *less* .

Details:

- "Disposable earnings" means your wages, salary, or compensation for personal services (including bonuses, commissions, and pension, retirement, or deferred-compensation payments) after amounts required by law are withheld .
- The general cap is the lesser of (a) 10% of disposable earnings for that workweek, or (b) the amount by which those disposable earnings exceed 60 times the applicable minimum hourly wage . The applicable minimum hourly wage is the highest of the federal, state, or local minimum wage .
- Support orders: The general cap does not apply to an order for the support of any person; instead, one-half of your disposable earnings for any pay period is exempt, meaning up to half may be taken . State law likewise provides that no more than one-half of disposable earnings for any pay period may be taken to satisfy an order issued for support or spousal maintenance .
- Bankruptcy and tax debts: These wage exemptions do not apply to a bankruptcy-court order under chapter XIII of the federal bankruptcy act or to any debt due for state or federal taxes .
- Hardship reduction: If the 10% maximum applies to you, a court may — on clear and convincing evidence that you or your family would suffer extreme economic hardship — reduce the amount withheld under a continuing lien to not less than 5% .
- Continuing lien: Once a court orders it, a garnishment becomes a continuing lien against your future nonexempt earnings, rather than requiring a new writ each pay period . The lien lapses if the judgment is satisfied, vacated, or expires; if you leave the employer for more than 60 days (90 days for certain school-district employees on school-year pay contracts); if the creditor releases it; if proceedings are stayed by a court including a bankruptcy court; if you earn no nonexempt earnings for at least 60 days (90 days for those school employees); or if the court quashes the garnishment . If no objection is filed and no continuing-lien order is entered within 45 days after the garnishee's answer, withheld earnings are released to you .

Because the applicable minimum wage figure depends on current federal, state, or local rates, which the sources above do not state, consult a licensed Arizona attorney to calculate the exact amount protected in your situation.