Money & Debt · Wage Garnishment
Wage Garnishment Laws in North Dakota
How much of your paycheck a creditor can take in North Dakota, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
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The limit and what is protected in North Dakota
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | 25% of disposable earnings |
| How the limit works | A larger protected amount than the federal floor |
| Fully protected pay | Weekly disposable pay up to $290 (40 times the $7.25 federal minimum wage) is fully protected, a larger floor than the federal $217.50. On top of that, the garnishable amount is reduced by $20 a week for each dependent family member living with you. |
| 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 | N.D.C.C. §32-09.1-03 |
North Dakota uses a 40 times federal minimum wage floor ($290 a week at $7.25) instead of the federal 30 times ($217.50), so more of a low earner's pay is protected. The $20-per-dependent reduction is not automatic. You must give your employer a signed, penalty-of-perjury list of the dependents living with you within 10 days of the summons, or the garnishment proceeds as if you have none until you provide the list.
What you can do right now
Concrete, neutral steps if your wages are being garnished in North Dakota. This is legal information, not legal advice.
- Confirm the protected floor first
Under N.D.C.C. §32-09.1-03 a creditor can take the lesser of 25% of your disposable pay or the amount above 40 times the federal minimum wage, which is $290 a week. If your disposable pay is at or below $290, none of it should be garnished for a consumer debt.
- Claim your dependents within 10 days
The garnishable amount drops by $20 a week for each dependent family member living with you, but only if you act. Give your employer a signed list of those dependents, under penalty of perjury, within 10 days of the garnishment summons. Miss the window and you are presumed to have none until you turn in the list.
- Check the math on every paycheck
Confirm your employer applied both the 40 times floor and the $20-per-dependent reduction. If the amount taken is too high, raise it with the court that issued the garnishment, and keep copies of your dependent list and pay stubs.
- Get free North Dakota legal help
Legal Services of North Dakota helps residents respond to garnishments and claim exemptions at no cost. 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.
→ Legal Services of North Dakota (statewide legal aid)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 North Dakota workers get wrong
North Dakota starts from the familiar 25% cap but adds two protections that leave more in your pocket. First, the exemption floor is 40 times the federal minimum wage, not the federal 30 times. At $7.25 that is $290 a week fully protected instead of $217.50. Second, and easy to miss, N.D.C.C. §32-09.1-03 reduces the garnishable amount by $20 a week for every dependent family member who lives with you. Support three dependents and the creditor's reach shrinks by $60 a week before the percentage is even applied. The catch is that the dependent reduction is not applied for you. You have to give your employer a list of those dependents, signed under penalty of perjury, within 10 days of the garnishment summons. Miss that window and the law presumes you have no dependents until you hand in the list, though you can still file it late and get the reduction going forward.
Common questions
How much of my paycheck can a creditor garnish in North Dakota?
For an ordinary consumer judgment, N.D.C.C. §32-09.1-03 lets a creditor take the lesser of 25% of your disposable pay or the amount by which your disposable pay exceeds 40 times the federal minimum wage ($290 a week at $7.25). That garnishable amount is then reduced by $20 a week for each dependent living with you.
How does the North Dakota dependent exemption work?
The maximum amount a creditor can garnish is reduced by $20 a week for each dependent family member who lives with you. To claim it, give your employer a list of those dependents, signed under penalty of perjury, within 10 days of the garnishment summons. If you miss the deadline you are presumed to have none until you provide the list.
Is North Dakota more protective than the federal garnishment rule?
Yes. The federal rule protects 30 times the federal minimum wage ($217.50 a week), while North Dakota protects 40 times ($290 a week) and adds the $20-per-dependent reduction. Both features leave more of your pay untouched than the plain federal ceiling would.
What happens if I forget to give my employer the dependent list in time?
If you do not provide the signed list within 10 days of the summons, the law presumes you claim no dependents, and the garnishment goes forward without the $20-per-dependent reductions. You can still hand in the list later, and the reductions will then apply to amounts garnished after you provide it.
What debts can still garnish my North Dakota wages?
The 25% cap and dependent reduction apply to ordinary consumer judgments. Child support, unpaid taxes, and defaulted federal student loans follow their own federal rules and can reach a larger share of your pay regardless of the consumer garnishment limits.
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.