Wage Garnishment Limits in North Carolina

At a glance

Requirements one by one

Governing law

G.S. § 1-362 lets a court apply property or an amount due the debtor toward a judgment in supplemental proceedings, while protecting recent personal service earnings needed by a supported family. Specific statutes authorize paycheck withholding for support (§§ 110-136, 110-136.6, 50-16.7), state taxes (§§ 105-242, 105-368), defaulted state education loans (Chapter 105B), and ambulance charges in the counties listed by § 44-51.8.

Maximum that can be garnished

North Carolina courts do not order continuing wage withholding for an ordinary private judgment debt. Section 1-362's supplemental route exempts earnings from personal services in the 60 days before the order when an affidavit or other evidence shows they are necessary for a family supported wholly or partly by the debtor's labor.

Support, tax & student loan debts

For one support withholding order, § 110-136.6(b) caps the amount at 40% of disposable income. Multiple orders share a 45% cap if the obligor supports another spouse or child, or 50% otherwise. Section 105-242(b) caps state tax wage attachment at 10%; § 105-368 likewise limits local tax and eligible ambulance attachment to 10% of compensation per pay period. The State Education Assistance Authority may obtain an order for up to 10% of monthly disposable earnings after judgment under § 105B-3(a). Under § 105B-3(b), it withdraws its motion if the debtor swears that family income is at or below 200% of the annual federal poverty guidelines. State and federal tax debt is excepted from the ordinary federal cap by 15 U.S.C. § 1673(b)(1)(C); a separate federal administrative route caps qualifying federal student-loan withholding at 15% absent written consent (20 U.S.C. § 1095a(a)(1)).

Multiple garnishments at once

There is no ordinary North Carolina court wage writ to rank against the special withholding routes. Section 110-136.6(b) sets a combined limit for multiple support orders.

Protection from being fired

Federal § 1674 protects against discharge for garnishment of one debt. For a state education-loan withholding order, § 105B-4(b) also bars discharge, refusal to employ, or discipline because of the withholding.

What trips people up

The domestic-court limit does not settle what an employer must do with a valid order from another state. North Carolina's Department of Labor says such an order may still require withholding under the issuing state's law. The family earnings protection in § 1-362 also depends on evidence of need; it does not make every dollar owed for personal services exempt.

Common questions

Can a North Carolina court order my employer to withhold wages for credit card debt? The Department of Labor says North Carolina courts cannot order that ordinary private-debt withholding.

What if an order comes from another state? The Department of Labor says a valid order under that state's law may require a North Carolina employer to withhold wages.

What is the state student-loan income threshold? Under § 105B-3(b), the Authority withdraws its motion if the debtor swears that family income is at or below 200% of the annual federal poverty guidelines.

Statutes and sources

• N.C. Gen. Stat. § 1-362 — “The court or judge may order any property, whether subject or not to be sold under execution (except the homestead and personal property exemptions of the judgment debtor), in the hands of the judgment debtor or of any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; except that the earnings of the debtor for his personal services, at any time within 60 days next preceding the order, cannot be so applied when it appears, by the debtor's affidavit or otherwise, that these earnings are necessary for the use of a family supported wholly or partly by his labor.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_1/GS_1-362.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 110-136 — “Notwithstanding any other provision of the law, in any case in which a responsible parent is under a court order or has entered into a written agreement pursuant to G.S. 110-132 or 110-133 to provide child support, a judge of the district court in the county where the mother of the child resides or is found, or in the county where the father resides or is found, or in the county where the child resides or is found may enter an order of garnishment whereby no more than forty percent (40%) of the responsible parent's monthly disposable earnings shall be garnished for the support of his minor child.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_110/GS_110-136.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 110-136.6 — “Withholding for current support, arrearages, processing fees, court costs, and attorneys fees shall not exceed forty percent (40%) of the obligor's disposable income for one pay period from the payor when there is one order of withholding. The sum of multiple withholdings, for current support, arrearages, processing fees, court costs, and attorneys fees shall not exceed: (1) Forty-five percent (45%) of disposable income for one pay period from the payor in the case of an obligor who is supporting his spouse or other dependent children; or (2) Fifty percent (50%) of disposable income for one pay period from the payor in the case of an obligor who is not supporting a spouse or other dependent children.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_110/GS_110-136.6.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 50-16.7 — “The remedies of attachment and garnishment, as provided in Article 35 of Chapter 1 and Article 9 of Chapter 110 of the General Statutes, shall be available in actions for alimony or postseparation support as in other cases, and for such purposes the dependent spouse shall be deemed a creditor of the supporting spouse.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_50/GS_50-16.7.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 105-242 — “No more than ten percent (10%) of a taxpayer's wages or salary is subject to attachment and garnishment.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105-242.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 44-51.4 — “Whenever ambulance services are provided by a county, by a county-franchised ambulance service supplemented by county funds, or by a municipally owned and operated ambulance service or by an ambulance service supplemented by municipal funds and a recipient of such ambulance services or one legally responsible for the support of a recipient of such services fails to pay charges fixed for such services for a period of 90 days after the rendering of such services, the county or municipality providing the ambulance services, or providing financial support to the ambulance service, may treat the amount due for such services as if it were a tax due to the county or municipality and may proceed to collect the amount due through the use of attachment and garnishment proceedings as set out in G.S. 105-368.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_44/Article_9B.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 44-51.8 — “The provisions of this Article shall apply only to Alamance, Alexander, Alleghany, Anson, Ashe, Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Camden, Carteret, Caswell, Catawba, Chatham, Cherokee, Chowan, Cleveland, Columbus, Craven, Cumberland, Dare, Davidson, Davie, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gaston, Gates, Graham, Granville, Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hertford, Hoke, Hyde, Iredell, Johnston, Jones, Lee, Lenoir, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Montgomery, Moore, Nash, New Hanover, Onslow, Orange, Pasquotank, Pender, Person, Pitt, Polk, Randolph, Richmond, Robeson, Rockingham, Rowan, Rutherford, Sampson, Scotland, Stanly, Stokes, Surry, Swain, Transylvania, Tyrrell, Union, Vance, Wake, Warren, Washington, Watauga, Wilkes, Wilson, Yadkin and Yancey Counties.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_44/Article_9B.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 105-368 — “However, when wages or other compensation for personal services is attached, the garnishee shall not pay to the tax collector more than ten percent (10%) of such compensation for any one pay period.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_105/GS_105-368.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 105B-3 — “Notwithstanding any other provision of the law, in any case in which the Authority obtains a judgment against a debtor as defined in this Chapter, a judge of the district court in the county where the debtor resides or is found may enter an order of withholding whereby no more than ten percent (10%) of the debtor's monthly disposable earnings shall be withheld for the repayment of the debt owed to the Authority.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_105B.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 105B-3(b) — “The motion shall be accompanied by a letter to the debtor which includes information that the Authority will withdraw the motion if the debtor executes a sworn statement to the Authority that his family income is at or below two hundred percent (200%) of the annual federal poverty guidelines.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_105B.pdf (accessed 2026-10-07)
• N.C. Gen. Stat. § 105B-4 — “A payor shall not discharge from employment, refuse to employ, or otherwise take disciplinary action against any debtor because of the withholding. When a court finds that a payor has taken any of these actions, the payor shall be liable for a civil penalty. For a first offense, the civil penalty shall be one hundred dollars ($100.00). For second and third offenses, the civil penalty shall be five hundred dollars ($500.00) and one thousand dollars ($1,000), respectively.” — https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_105B.pdf (accessed 2026-10-07)
• 15 U.S.C. § 1673 — “Except as provided in subsection (b) and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed (1) 25 per centum of his disposable earnings for that week, or (2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206(a)(1) of title 29 in effect at the time the earnings are payable, whichever is less.” — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-07)
• 15 U.S.C. § 1673(b)(1)(C) — “(C) any debt due for any State or Federal tax.” — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-07)
• 20 U.S.C. § 1095a(a)(1) — “(1) the amount deducted for any pay period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted with the written consent of the individual involved;” — https://www.govinfo.gov/content/pkg/USCODE-2024-title20/html/USCODE-2024-title20-chap28-subchapIV-partG-sec1095a.htm (accessed 2026-10-07)
• 15 U.S.C. § 1674 — “No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness.” — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-07)