State Laws

North Dakota Wage Garnishment Laws Explained

North Dakota uses 40x the federal minimum wage as its garnishment protection threshold, providing enhanced protections.

March 20, 2026 • State Laws • 8 min read

North Dakota provides enhanced wage garnishment protections by using 40 times the federal minimum wage as the protection threshold, compared to the standard 30x. This means $290/week is protected — higher than the federal $217.50/week threshold.

How Much Can Be Garnished in North Dakota? A Worked Example

The math matters more than the percentages. In North Dakota, a creditor with a judgment for consumer debt is limited by two tests, and must use whichever takes less: the percentage cap, and the protected floor of $290.00 per week (40× the federal minimum wage of $7.25/hour). Everything at or below that floor is untouchable.

Here is what that means at three income levels. The table assumes roughly 25% of gross pay goes to legally required deductions (federal and state taxes, Social Security, Medicare); your actual disposable earnings — the number the law actually uses — will vary with your tax situation.

Gross weekly payEstimated disposable earningsMax weekly garnishmentShare of disposable pay
$600.00$450.00$112.5025.0%
$900.00$675.00$168.7525.0%
$1,500.00$1,125.00$281.2525.0%

Notice how the protected floor changes the picture for lower incomes. To run your own paycheck through the current formula, use the North Dakota wage garnishment calculator.

North Dakota vs. the Federal Baseline

RuleFederal (CCPA)North Dakota
Consumer debt limit25% of disposable earnings25% of disposable earnings
Protected weekly floor$217.50 (30× federal minimum wage)$290.00 per week (40× the federal minimum wage ($7.25/hr))
Child support50–65% of disposable earnings50% supporting another family / 60% otherwise, +5% for arrears
Federal student loans15% of disposable earnings15% (federal administrative rule)
Head-of-household protectionNoneNo additional state protection

North Dakota's rules protect more of your paycheck than the federal baseline — the higher protected floor means lower-income workers often cannot be garnished at all.

North Dakota's Enhanced Protections

North Dakota limits consumer debt garnishment to the lesser of 25% of disposable earnings or the amount exceeding 40 times the federal minimum wage per week.

Use our North Dakota Wage Garnishment Calculator to see your protected amount. You might also find our California Wage Garnishment Calculator, Texas Wage Garnishment Calculator, or Florida Wage Garnishment Calculator helpful for comparison.

North Dakota Garnishment Process

In North Dakota, a creditor must obtain a judgment and file a garnishment order. The order is served on your employer. North Dakota uses a continuing garnishment system.

Exemptions

North Dakota exempts Social Security, veterans benefits, unemployment compensation, and workers compensation. See our exemption filing guide, and check out related information like Can My Employer Fire Me for Wage Garnishment? or How Much Can Be Garnished From My Paycheck?.

Compare North Dakota with other states at our comparison tool or browse all states via our states page.

North Dakota Wage Garnishment FAQ

Can my wages be garnished in North Dakota without a court judgment?

Not for consumer debts. A creditor must sue you, win a judgment, and obtain a garnishment order before your employer withholds anything. The exceptions that skip the lawsuit are child support orders, federal student loans (administrative wage garnishment), and tax levies — those follow their own separate procedures.

How much of my paycheck is completely safe in North Dakota?

For consumer debts: everything at or below $290.00 per week (40× the federal minimum wage ($7.25/hr)) — plus whatever the percentage cap leaves above that line. Note that tax debts play by different rules: North Dakota Office of State Tax Commissioner can levy wages for state tax debts.

What income can never be garnished in North Dakota?

Key protections include: 40x federal minimum wage protected ($290/week); Stronger protection than federal CCPA baseline; Court judgment required for consumer debt garnishment. Once protected funds are commingled in a bank account, tracing them can get complicated — keep records of exempt deposits.

Can I be fired for having my wages garnished in North Dakota?

Federal law (CCPA §304) prohibits firing an employee because of a single garnishment order, no matter the state. Protection for multiple garnishments varies — if you face more than one order, review your state's rules or speak with an employment attorney before assuming you are protected.

Need Help Beyond the Calculator?

If you're dealing with wage garnishment issues, professional help may be the fastest path forward. Visit our Resources page to explore vetted options for legal help.

Compare North Dakota with other states at our comparison tool.

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