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Wage garnishment and exemptions in Delaware

In Delaware, a creditor can take no more than 15% of your pay. Here is what is protected in your bank account, the property you can keep and how to claim an exemption.

Checked against official sources: Oct 24, 2026

Short answer

Delaware sets a lower limit than federal law: no more than 15% of your pay. Stricter than federal: 85% of your wages are protected, so no more than 15% can be taken. Only one wage attachment can be made at a time. We could not confirm a general dollar amount protected in a bank account in Delaware; directly deposited federal benefits are still protected (31 CFR 212.6).

Wage limit
Up to 15%
Federal benefits in a bank account
Up to 2 months protected
Law
10 Del. C. § 4913; § 4903

How much can they take from your paycheck in Delaware?

Credit cards, medical bills and other ordinary debts, once a creditor has a judgment.

Pay after taxes and other deductions the law requires, before voluntary ones such as a 401(k).

Enter your take-home payThe most a creditor can take appears here.

An estimate, not legal advice.

Deadline and form to protect your money in Delaware

The papers from the court, your employer or your bank list the deadline to claim an exemption. Ask the court how to file the claim: Delaware court self-help (official).

Pay or bank account being taken? Claim an exemption →Get the exemption claim letter →

in the Debt lawsuits section

Your paycheck and garnishment in Delaware

Wage limit
Stricter than federal: 85% of your wages are protected, so no more than 15% can be taken. Only one wage attachment can be made at a time. (The 85% limit does not apply to state fines, costs or taxes.)
Head of household
A head of family may also keep up to $500 of other personal property of their choice, on top of the basic exemptions. (10 Del. C. § 4903)
Law
10 Del. C. § 4913; § 4903

In our 48 state guides, 13 states, Delaware among them, cap garnishment at 15% or less, below the federal 25% (15 U.S.C. 1673(a)).

In nearby states

Also in Delaware

  • Delaware protects 85% of wages from garnishment, more than federal law (10 Del. C. § 4913).
  • For medical debt owed to a hospital or other large health-care facility, or collected by a medical debt collector, they cannot garnish your wages or bank account, foreclose on your home, levy on your belongings, or cause your arrest. (6 Del. C. § 2505J(a))

What creditors can't take in Delaware

  • Outside bankruptcy, Delaware's execution exemptions are narrow (for example, clothing, family Bible and books, and tools of a trade up to $75 in New Castle and Sussex or $50 in Kent).
  • (10 Del. C. § 4902) Larger exemptions apply in bankruptcy (10 Del. C. § 4914).

Money in your bank account in Delaware

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). How garnishment follows a lawsuit.

Child support, student loans and taxes: different limits

  • Child support: up to 50% of disposable earnings if you support another spouse or child, or 60% if you don't; 5% more if the support is more than 12 weeks late (15 U.S.C. 1673(b)).
  • Federal student loans: the government can take up to 15% of disposable pay without suing you, but must mail you notice at least 30 days first (20 U.S.C. 1095a).
  • Other debts owed to a federal agency: an agency can garnish up to 15% of disposable pay, and you keep at least 30 times the federal minimum wage a week (31 CFR 285.11).
  • Federal taxes: the IRS uses its own exempt amount, set by your standard deduction and dependents; give your employer the Statement of Dependents and Filing Status within 3 days (26 U.S.C. 6334(a)(9), (d); IRS wage levy rules).

The lawsuit comes first in Delaware

If you don't answer as the summons directs, the court can enter a default judgment against you (J.P. Court Civil Rule 55).

Answer the lawsuit by the deadline. In Delaware: Justice of the Peace Court (where most consumer debt cases are filed): answer as directed by the summons (J.P. Court Civil Rule 12).

Got court papers? Count your answer deadline →

in the Debt lawsuits section

What to do if you are sued in Delaware

Protecting your pay and property in Delaware

  1. Keep every paper

    Look for the date to claim exemptions on every court, employer or bank notice.

  2. Know Delaware's limit

    Delaware's wage rule: Stricter than federal: 85% of your wages are protected, so no more than 15% can be taken. A head of family may also keep up to $500 of other personal property of their choice, on top of the basic exemptions.

  3. Look at your bank account

    Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. Claim your exemptions in court

    File the court's exemption claim form before the deadline; the clerk has it. Start with Delaware court self-help (official).

Questions about garnishment in Delaware

What is the wage garnishment limit in Delaware?

Stricter than federal: 85% of your wages are protected, so no more than 15% can be taken. Only one wage attachment can be made at a time. (The 85% limit does not apply to state fines, costs or taxes.)

Is there a head-of-household exemption in Delaware?

A head of family may also keep up to $500 of other personal property of their choice, on top of the basic exemptions. (10 Del. C. § 4903)

What are Delaware's property exemptions?

Outside bankruptcy, Delaware's execution exemptions are narrow (for example, clothing, family Bible and books, and tools of a trade up to $75 in New Castle and Sussex or $50 in Kent). (10 Del. C. § 4902) Larger exemptions apply in bankruptcy (10 Del. C. § 4914).

More for Delaware

Sources and last check

Sources

Last checked: Oct 24, 2026.

Federal sources