Money & Debt · Wage Garnishment
Wage Garnishment Laws in Delaware
How much of your paycheck a creditor can take in Delaware, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
Want your own number? Run your paycheck through the Delaware wage garnishment calculator →
The limit and what is protected in Delaware
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | 15% of disposable earnings |
| How the limit works | A lower percentage cap than the federal 25% |
| Fully protected pay | Eighty-five percent of your wages for labor or service is exempt outright under 10 Del. C. §4913, so at least 85% of every paycheck is protected. The federal rule (the lesser of 25% or the amount above $217.50 a week) still backstops this, but Delaware's flat 15% cap is more protective for most workers. |
| Other exemptions |
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| Federal backstop | The federal 25% / 30× minimum-wage floor also applies; a creditor can never take more than federal law allows. |
| Statute | 10 Del. C. §4913 |
The 15% cap comes from the statute making 85% of wages exempt. It applies to ordinary money judgments. Support obligations are handled separately and can reach a larger share of pay. Delaware has no general prejudgment wage attachment for consumer debt: a creditor needs a judgment first.
What you can do right now
Concrete, neutral steps if your wages are being garnished in Delaware. This is legal information, not legal advice.
- Confirm the 15% ceiling applies
Under 10 Del. C. §4913, 85% of your wages is exempt, so an ordinary creditor cannot take more than 15% of your pay. If a garnishment is pulling more than 15%, or if the debt is not an ordinary consumer judgment, check the paperwork closely.
- Verify the debt type
The 15% cap is for ordinary money judgments. Child support, spousal support, taxes, and defaulted federal student loans follow their own federal rules and can reach more than 15% of your pay. Identify what kind of debt the creditor is collecting before you respond.
- Watch your bank account for a levy
A creditor can also try to freeze money already in your bank account. Some deposited funds, such as Social Security, stay exempt, but you usually have to claim the exemption in writing, so check your account and act quickly if it is frozen.
- Get free Delaware legal help
The Delaware Legal Help Link and Community Legal Aid Society can point you to the right forms and deadlines for objecting to a garnishment. This is legal information, not legal advice, so confirm your own situation with a lawyer.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ Delaware Legal Help Link (statewide legal aid directory)This is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What Delaware workers get wrong
Delaware gives wage earners one of the strongest percentage protections in the country. Under 10 Del. C. §4913, 85% of your wages for labor or service is exempt from attachment, which means an ordinary creditor can garnish no more than 15% of your pay on a consumer judgment. That is a flat percentage, not a minimum-wage floor, so the 15% cap holds even at higher income levels where the federal 25% rule would let a creditor take more. Most states either follow the federal 25% ceiling or use a minimum-wage formula. Delaware simply protects 85% of the paycheck across the board. The federal rule still backstops the cap, but for most workers the 15% figure is the one that controls. The protection covers wages, salary, and commissions paid by an employer. It does not cover self-employment income, and support obligations follow their own rules that can reach a larger share of pay.
Common questions
How much of my paycheck can a creditor garnish in Delaware?
On an ordinary consumer judgment, no more than 15% of your wages. 10 Del. C. §4913 exempts 85% of wages for labor or service, so a creditor is limited to the remaining 15%. That is one of the lowest garnishment caps in the United States.
Why is Delaware's 15% cap different from the federal 25% limit?
Delaware uses a flat percentage exemption. The statute protects 85% of your wages outright, so the most a creditor can reach is 15%. The federal rule caps garnishment at the lesser of 25% or the amount above $217.50 a week, but Delaware's 15% figure is more protective for most workers and controls the outcome.
Does the 15% cap apply to child support in Delaware?
No. The 85% exemption in §4913 covers ordinary money judgments. Child support and spousal support follow separate rules and can reach a larger share of your pay, and unpaid taxes and defaulted federal student loans also follow their own federal collection rules.
Can a creditor garnish my Delaware wages before getting a judgment?
Not for ordinary consumer debt. A creditor generally needs a court judgment before it can attach your wages. Once it has one, the garnishment is still limited to 15% of your wages under 10 Del. C. §4913.
Does the 85% exemption cover self-employment income in Delaware?
No. The exemption in §4913 applies to wages, salary, commissions, and other remuneration paid to an employee by an employer. Payment for services rendered by a self-employed person is treated differently and is not covered by the 85% wage exemption.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.