Louisiana Garnishment Exemptions: What Creditors Can and Cannot Take

You won a judgment and filed a garnishment — but you cannot take everything the debtor earns. Louisiana law draws hard lines around what is collectible, and crossing them can lead to an exemption challenge or court sanctions.

The 75% Wage Protection Rule

Under La. R.S. 13:3881(A)(1), 75% of a debtor's disposable earnings are completely exempt from seizure on an ordinary money judgment. That means you can garnish a maximum of 25% of disposable earnings per pay period.

Disposable earnings are what remains after mandatory deductions required by law — federal and state income taxes, FICA, Medicare — and reasonable customary deductions like health insurance premiums and retirement contributions (La. R.S. 13:3881(A)(1)(b)). Gross pay and disposable earnings are not the same number.

The Minimum Wage Floor

There is a second protection that applies when the debtor earns very little. Under both Louisiana law and the federal Consumer Credit Protection Act (15 U.S.C. § 1673), weekly disposable earnings equal to or below 30 times the federal minimum hourly wage cannot be garnished at all.

At the current federal minimum wage of $7.25/hour, that floor is $217.50 per week. If a debtor's weekly disposable earnings are $217.50 or less, the entire paycheck is exempt — you cannot garnish a single dollar.

For debtors earning between $217.50 and $290.00 per week in disposable earnings, the garnishable amount is limited to the excess above $217.50 (which is less than 25% of their disposable pay). Above $290.00 per week, the straight 25% cap applies.

Income That Is Fully Exempt

Certain types of income cannot be garnished at all under a civil money judgment, regardless of amount:

• Social Security benefits (retirement, disability, SSI) — automatically protected under federal law (42 U.S.C. § 407). When these are electronically deposited into a bank account, the bank must apply a two-month lookback under 31 C.F.R. Part 212 and protect them without requiring the debtor to file anything.
• Veterans Affairs benefits — exempt under 38 U.S.C. § 5301.
• Railroad Retirement benefits — exempt under 45 U.S.C. § 231m.
• Retirement accounts and pensions — IRAs, 401(k)s, and ERISA-qualified pension plans are 100% exempt (La. R.S. 13:3881(D) and federal ERISA preemption).
• Workers' compensation benefits — exempt under La. R.S. 23:1205.

Property Exemptions That Affect Seizure

Garnishment exemptions apply to wages and bank accounts. But if you pursue seizure of physical property through a Writ of Fieri Facias, a separate set of exemptions kicks in under La. R.S. 13:3881:

Louisiana has opted out of the federal bankruptcy exemption scheme (La. R.S. 13:3881(B)), so these state exemptions are the only ones that apply.

Different Rules for Support Obligations

The 75/25 split applies only to ordinary money judgments. Child support and spousal support have their own, higher garnishment caps — up to 50% for child support and 40% for spousal support. If you are collecting a regular civil judgment, you cannot use the support-obligation caps.

What This Means for Your Collection Strategy

Exemptions shape your enforcement choices. If the debtor earns just above minimum wage, the math on a wage garnishment may not justify the filing costs. If their only assets are an exempt vehicle, exempt household goods, and a bank account funded solely by Social Security, there may be nothing to collect right now.

That does not mean the judgment is worthless. A judicial mortgage preserves your claim for 10 years against any real estate the debtor acquires. Judgments can be revived for another 10 years after that. Financial situations change.

For a complete breakdown of Louisiana enforcement tools, exemption thresholds, and collection strategy for judgment-proof debtors, see our Louisiana Judgment Collection Guide.

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