Wage Garnishment Limits in Delaware
At a glance
| Governing law | 10 Del. C. § 4913 sets the 85% exemption and one-attachment rule; 13 Del. C. § 513(a)(7) governs support priority. |
|---|---|
| Maximum that can be garnished | 85% of resident wages exempt; court worksheet attaches the lesser of 15% of disposable earnings or earnings above 30 times the applicable minimum wage (10 Del. C. § 4913(a); J.P. Civil Form No. 34). |
| State rule vs. federal floor | The state 15% cap is below the federal 25% cap; the court worksheet applies a 30-times-minimum-wage floor (10 Del. C. § 4913(a); 15 U.S.C. § 1673(a)). |
| Minimum-wage protected floor | Court worksheet uses 30 times the applicable minimum wage; Delaware’s $15.00 hourly rate supplies the 2026 state figure (19 Del. C. § 902(a)(5); J.P. Civil Form No. 34). |
| Support, tax & student loan debts | State fines, costs, and taxes are outside § 4913(a); support attachments are excluded by 13 Del. C. § 513(a)(7) and subject to federal § 1673(b) limits. |
| Head-of-household/family exemption | 10 Del. C. § 4903 separately exempts $500 of selected personal property for a head of family; § 4913 states no extra status-based wage percentage. |
| Multiple garnishments at once | Only one wage attachment at a time; the existing creditor has priority until judgment and costs are paid. Support attachments take priority except against federal tax liens (10 Del. C. § 4913(b); 13 Del. C. § 513(a)(7)). |
| Protection from being fired | Federal law bars discharge because earnings were garnished for one indebtedness (15 U.S.C. § 1674). |
Requirements one by one
Maximum garnishment amount
10 Del. C. § 4913(a) exempts 85% of a resident's wages. The Justice of the Peace Court's J.P. Civil Form No. 34 calculates 15% of disposable earnings and earnings above 30 times the applicable minimum wage, then attaches the smaller figure. At $500 in weekly disposable earnings and Delaware's $15.00 hourly minimum wage, those figures are $75 and $50; the worksheet permits $50. The form's printed $8.25 example is dated, so use the current 19 Del. C. § 902(a)(5) rate.
Priority debt exceptions
10 Del. C. § 4913(a) excludes process collecting state fines, costs, or taxes from its wage exemption. Under 13 Del. C. § 513(a)(7), child support, medical support, and combined alimony and child support attachments are outside that exemption and subject to federal 15 U.S.C. § 1673(b) limits.
Head-of-household exemption
10 Del. C. § 4903 protects up to $500 of selected personal property for a resident head of family. That provision is separate from § 4913's wage percentage.
Multiple garnishments priority
10 Del. C. § 4913(b) allows only one attachment on wages due at a time, giving the existing creditor priority until judgment and costs are paid. Section 513(a)(7) moves support ahead of other attachments except federal tax liens.
What trips people up
The state statute prints an 85% exemption, while the court worksheet adds a minimum-wage comparison. The worksheet's old example uses $8.25; 19 Del. C. § 902(a)(5) now states $15.00, so the weekly floor is 30 times $15.00. The worksheet also uses disposable earnings after required deductions. Its federal comparison cites the rate set by 29 U.S.C. § 206(a)(1)(C).
Common questions
Can a second ordinary creditor attach wages while one attachment is active? No. Section 4913(b) allows only one attachment on wages due and preserves the first creditor's priority until its judgment and costs are paid.
Can an employer discharge someone because wages were garnished? Federal 15 U.S.C. § 1674 bars discharge because earnings were garnished for one indebtedness.
Statutes and sources
- 10 Del. C. §§ 4902 and 4903 — https://delcode.delaware.gov/title10/c049/sc01/index.html (accessed 2026-10-07)
- 10 Del. C. § 4913 — https://delcode.delaware.gov/title10/c049/sc01/index.html (accessed 2026-10-07)
- 13 Del. C. § 513 — https://delcode.delaware.gov/title13/c005/sc02/index.html (accessed 2026-10-07)
- Delaware Justice of the Peace Court, J.P. Civil Form No. 34 — https://courts.delaware.gov/Forms/Download.aspx?id=5168 (accessed 2026-10-07)
- 15 U.S.C. § 1674 — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-07)
- Delaware Justice of the Peace Court, J.P. Civil Form No. 34 — https://courts.delaware.gov/Forms/Download.aspx?id=5168 (accessed 2026-10-07)
- 19 Del. C. § 902(a)(5) — https://delcode.delaware.gov/title19/c009/index.html (accessed 2026-10-07)
- 15 U.S.C. § 1673(a), (b) — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-07)
- Delaware Courts, judgment forms index — https://courts.delaware.gov/forms/list.aspx?sub=judgments (accessed 2026-10-07)
- 29 U.S.C. § 206(a)(1)(C) — https://www.govinfo.gov/content/pkg/USCODE-2024-title29/html/USCODE-2024-title29-chap8-sec206.htm (accessed 2026-10-07)
Source links
Every statute quoted above, linked, with the date we checked it.
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