Wage Garnishment in Louisiana

What Is Wage Garnishment?

Wage garnishment happens when money is taken directly from your paycheck to pay off a debt. Creditors use this process to collect what you owe if you’ve fallen behind on payments, such as credit cards, personal loans, or other debts.

In most cases, a creditor has to sue you in court before they can garnish your wages. If they win, the court issues a judgment saying you legally owe the debt.

You’ll be notified about the lawsuit, and if you don’t go to court, the creditor can often get what’s called a default judgment, which means they automatically win. With that judgment in hand, they can move forward with garnishing your wages.

Each state has its own laws about how wage garnishment works and how much of your paycheck can be taken. These rules set limits to make sure you’re still able to cover some of your basic living expenses.

Who Can Garnish My Wages in Louisiana?

In Louisiana, several types of creditors and agencies can garnish your wages, but the process depends on the type of debt you owe.

For most types of debt, a court judgment is required before wage garnishment can begin. This includes:

• Creditors: These are the original lenders, like banks, credit card companies, or personal loan providers, who you borrowed money from.

• Debt collectors: These agencies are hired by creditors to collect unpaid debts. Once they have a judgment, they can garnish wages.

• Debt buyers: These are companies that purchase old or unpaid debts from original creditors. If they get a court judgment, they can also pursue wage garnishment.

However, some debts are treated differently under the law. For these, creditors don’t need to go to court before garnishing your wages:

• The IRS can garnish your wages for unpaid federal taxes using a wage levy.

• Federal student loan servicers, working with the U.S. Department of Education, can garnish your wages if you default on federal student loans.

• Child support orders often include automatic wage withholding, and the person owed support (or the state) can garnish wages without getting a separate court judgment.

The next sections explain how wage garnishment works in Louisiana for debts that require a court judgment.

How Does Wage Garnishment Work in Louisiana?

In Louisiana, wage garnishment usually follows these steps:

• The creditor sues you in court. They must file a lawsuit for unpaid debt and notify you about the case.

• The court issues a judgment. If the creditor wins (or you don’t show up in court), the judge issues a money judgment saying you owe the debt.

• The creditor files a garnishment petition. In Louisiana, this is often called a writ of fieri facias. It asks the court to begin the garnishment process.

• The court signs the garnishment order and interrogatories. These documents ask your employer (called the garnishee) about your wages and ability to pay.

• The creditor serves your employer. Your employer receives the signed order and interrogatories.

• Your employer has 15 days to respond. They must answer the interrogatories under oath and return them to the court.

• The court issues a Garnishment Judgment. This final order tells your employer to start taking money from your paycheck.

• Your wages are garnished. Your employer withholds a portion of your paycheck to pay the creditor until the debt (plus interest and court costs) is paid off.

Can You Challenge a Wage Garnishment in Louisiana?

If you're dealing with wage garnishment in Louisiana, it helps to understand the difference between the judgment and the garnishment itself.

The court judgment comes first. This is a legal decision that says you owe the debt. If the creditor sues you and wins, or if you don’t respond to the lawsuit, the court will issue this judgment. If you didn’t show up for the court date, the judge may issue what’s called a default judgment, which can be very hard to undo.

In some cases, people can file an appeal or ask the court to reconsider the judgment. But appeals have strict deadlines in Louisiana, so it’s important to act quickly. Many people in this situation choose to talk to a lawyer right away to see what options they have.

Once the judgment is final, the creditor can request a wage garnishment. At that point, there usually isn’t a way to challenge how much is being taken unless there’s been some kind of mistake. But Louisiana law does allow you to ask the court to reopen the case if you can present new information that affects whether the garnishment should continue.

This kind of request is called a motion, and it's usually only successful in very specific situations—for example, if something has changed that could make the garnishment unfair or incorrect.

How Much of My Paycheck Can Be Taken by Wage Garnishment?

In Louisiana, there are clear limits on how much of your paycheck a creditor can garnish. These limits apply to each paycheck and are designed to make sure you still have money left to cover basic living expenses.

Louisiana generally follows federal law when it comes to wage garnishment amounts. A creditor can take whichever of the following is less from each paycheck:

• 25% of your disposable earnings, or

• The amount your disposable earnings are above 30 times the federal minimum wage (which is currently $7.25 per hour, or $217.50 per week)

Disposable earnings are what's left from your paycheck after legally required deductions like income taxes and Social Security have been taken out. Voluntary deductions — like retirement contributions or health insurance premiums — don’t count when calculating disposable income.

The other 75% of your disposable earnings is protected from garnishment. Louisiana also protects certain types of income from wage garnishment entirely. This includes:

• Social Security benefits

• Unemployment compensation

• Workers’ compensation

• Certain pensions and retirement benefits

If a creditor adds interest or court fees to your debt, they must calculate those amounts correctly. For judicial interest, they’re required to use Louisiana’s official Judicial Interest Calculator to determine what’s owed.

Remember, this formula is for consumer debts. There are special rules, including different maximum garnishments, for special debts like federal back taxes, unpaid child support, or defaulted student loans.

How To Stop a Garnishment in Louisiana

If your wages are being garnished, it can feel like there’s no way out. But there are a few options. Bankruptcy is often the most effective option, especially if you’re struggling with other debts too.

You can also stop the garnishment by paying the debt in full.

File for Bankruptcy

Filing for bankruptcy is often the fastest and most powerful way to stop a wage garnishment. As soon as you file, the court issues something called an automatic stay. This stops most wage garnishments immediately, even if they’ve already started.

Bankruptcy doesn’t just pause the garnishment. It can also erase the underlying debt, so the garnishment won’t come back later.

Chapter 7 is the most common type of personal bankruptcy. It can wipe out many unsecured debts, like credit cards, medical bills, and personal loans — the types of debt that often lead to wage garnishment. Most people who qualify for Chapter 7 can erase their debt in a few months and move forward without the weight of wage garnishment or collection calls.

Upsolve offers a free online filing tool. It only takes two minutes to see if you're eligible. If your case is more complex, or if you'd prefer to talk to someone, you can also get a free consultation with a bankruptcy attorney.

Pay the Debt in Full

You can stop a wage garnishment by paying off the full amount you owe. This can happen in one lump sum or through ongoing payments as money is taken from your paycheck.

Some people also try negotiating a payment plan with the creditor. If the creditor agrees, they may agree to cancel the garnishment order.

But for many people, coming up with that kind of money just isn’t realistic, especially if they’re already behind on bills.

Are There Any Resources for People Facing Wage Garnishment in Louisiana?

Several legal aid organizations in Louisiana provide legal services to qualifying individuals. To view a list of active legal aid organizations in Louisiana, visit the Louisiana Bar Association’s website.

If you’d like self-help materials, you can contact the court that issued the wage garnishment.