How Much of My Paycheck or Bank Account Can Be Garnished?

This article is being revised and edited. Please check back soon to read the final version. 

When a debt collector takes money directly from your paycheck or bank account to pay off a debt, that's called garnishment.

But it's not a blank check. The law protects some or, in some cases, possibly all of your money. This article explains how these protections work and what you can do if a debt collector tries to take more than they should.

Can they take my whole paycheck? 

No. A debt collector can never garnish your entire paycheck. Oregon law always protects a portion of your pay for essential living expenses. Exactly how much is protected depends on how often you get paid. 

How much of my paycheck is protected? 

As of January 1, 2025, here's how much is automatically protected based on your pay schedule:

• If you are paid every week: $305 
• If you are paid every two weeks (biweekly): $611 
• If you are paid twice a month (semimonthly): $655 
• If you are paid once per month: $1,309 

So, if your regular paycheck is less than or equal to these amounts, creditors can't garnish any of it. 

These protected amounts will increase on July 1, 2025, and again on July 1, 2026. 

 

Starting July 1, 2027, the protected amount will be based on Oregon’s state minimum wage. It will be equal to what someone earns for 30 hours of work at that wage. This means that as Oregon’s minimum wage goes up, the amount of your paycheck that’s protected will go up too (Note: This is based on the state minimum wage, not local minimum wage rates) 

What if my paycheck is more than the protected amount? 

If your paycheck is more than the protected amount, creditors (the people or businesses collecting money from you) can take some—but not all—of that extra money. 

How much they can take is based on your disposable earnings. That's the money left in your paycheck after taxes, Social Security, and other legally required deductions, but before any deductions you choose to have taken out, like health insurance, union dues, or retirement savings.

The deductions you choose to have taken out  are called voluntary deductions, and they still count as part of your disposable earnings — even if you don’t take that money home in your paycheck

They can only take the smaller of these two amounts: 

• The amount you earn above the protected limit, or 
• 25% of your disposable earnings.

If this feels confusing, you’re not alone. Let’s walk through an example. 

Let’s say you get paid every week, and your disposable earnings (the amount left in your paycheck after taxes and other required deductions) are $400. 

Option 1: The protected amount for weekly pay is $305. That means only the $95 above that amount could be taken. 

Option 2: The other option is 25% of your disposable earnings, which in this case is $100. 

Since the law says that creditors can only take the smaller amount, the most they could take is $95. 

You keep the rest of your paycheck—$305. 

If someone tries to take more than the law allows, you have the right to challenge it. Learn about your options for challenging a garnishment.

What money is completely safe from garnishment? 

Some kinds of income are fully protected—whether received as a paycheck, deposited in your bank account, or received another way. That means none of that money can be taken to pay a court judgment.

These types of income include:

• Public assistance (like TANF or SNAP) 
• Unemployment benefits 
• Veterans’ benefits 
• Social Security benefits 
• Workers' compensation payments 
• Pensions payments 
• Child support payments that you receive  

If this is the only money in your bank account, none of it can be taken.

If someone tries to garnish this kind of income, you can take steps to stop it.  Learn about how to challenge a garnishment when protected income is at risk. 

How much money can creditors take from my bank account? 

Just like with your paycheck, a creditor needs a court decision (called a court judgment) to take money from your bank account.

And just like with paychecks, Oregon law protects some of the money in your account from garnishment.

As of January 1, 2025: 

• At least $2,500 is always protected in your bank account. This amount will slightly change each year to keep up with inflation. 
• Any protected income (from the list above, like Social Security or unemployment benefits) deposited into your bank account is also—even if it totals more than $2,500. 

So, if your bank account only has money from protected income sources, creditors cannot take anything from it. And, no matter what, the first $2,500 in your bank account will always be protected. 

What if my bank account has a mix of protected and unprotected money? How can I protect it? 

Your bank should automatically take steps to make sure protected money isn’t mistakenly garnished. But sometimes mistakes happen. To be extra safe, here are some things you can do:

• Use different accounts for protected and unprotected income, if possible.
• Keep clear records showing where your protected money came from, such as:
  • Official letters from benefit agencies (like Social Security award letters, unemployment documents, or benefit statements)
  • Bank statements showing protected deposits (look for labels in you statement like “Treasury SSA” for Social Security)
  • Bank transaction histories: Some banks can provide reports showing all your deposits—ask your bank if you need one

If your bank does garnish protected money by mistake, you have the right to challenge it. Learn about your options for challenging a garnishment when protected money is at risk.

Conclusion

If your paycheck or bank account is being garnished, it’s important to know your rights. Not all of your money can be taken, and some income is fully protected. Keep records, know the limits, and take action if something seems wrong. You may be able to file a challenge and stop the garnishment. For help with that process, read about how to challenge or stop a garnishment here. You can also look for help