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Wage garnishment and exemptions in New Mexico

How much of your pay a creditor can take in New Mexico. Plus what a creditor can't touch in your bank account and what property you keep.

Checked against official sources: Oct 24, 2026

Short answer

Here is New Mexico's rule on wage garnishment. You keep the greater of 75% of your disposable earnings or 40 times the highest minimum wage that applies where you earned the wages (federal, state or local) for each week. For child support, 50% is protected. In a bank account: Up to $2,400 total in bank and investment accounts is protected (plus money from exempt sources such as benefits).

Wage limit
Up to 25%
Federal benefits in a bank account
Up to 2 months protected
Law
NMSA 1978, § 35-12-7; § 42-10-1 (as amended by Laws 2023, SB 216); § 42-10-14

How much can they take from your paycheck in New Mexico?

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 New Mexico

What New Mexico's rules say about claiming an exemption:

  • These are the 2023 amounts; the law requires cost-of-living adjustments every two years from July 1, 2025 (§ 42-10-14), but the Metropolitan Court exemption form revised 12-31-2025 still lists these same amounts.

Ask the court for the exact form and deadline: New Mexico 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 New Mexico

Wage limit
Stricter than federal. You keep the greater of 75% of your disposable earnings or 40 times the highest minimum wage that applies where you earned the wages (federal, state or local) for each week. For child support, 50% is protected.
Law
NMSA 1978, § 35-12-7; § 42-10-1 (as amended by Laws 2023, SB 216); § 42-10-14

The federal cap (15 U.S.C. 1673(a)) is a floor; New Mexico's rule applies where it protects more.

In nearby states

New Mexico exemptions for your home, car and belongings

  • Home: $150,000 (NMSA § 42-10-9).
  • Motor vehicles up to $10,000; household goods up to $75,000; a $15,000 wildcard for any personal property (NMSA § 42-10-1).
  • These are the 2023 amounts; the law requires cost-of-living adjustments every two years from July 1, 2025 (§ 42-10-14), but the Metropolitan Court exemption form revised 12-31-2025 still lists these same amounts.

More New Mexico rules

  • New Mexico's wage protection uses the highest minimum wage where you work, including city or county minimum wages (NMSA § 35-12-7, 2023).
  • The most recent big change was in 2023 (SB 216, effective July 1, 2023): higher exemptions, $2,400 bank protection, new wage formula, inflation adjustments starting July 1, 2025.

Bank accounts and garnishment in New Mexico

Up to $2,400 total in bank and investment accounts is protected (plus money from exempt sources such as benefits). It is part of a $15,000 'any property' exemption. (NMSA 1978, § 42-10-1(A)(14), as amended by Laws 2023, SB 216)

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

When the debt is support, a student loan or taxes

  • Child support: the cap is 50% of disposable earnings (60% if you support no other spouse or child), plus 5% when payments are over 12 weeks behind (15 U.S.C. 1673(b)).
  • Federal student loans: up to 15% of disposable pay, without a court case, after a written notice at least 30 days ahead (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: an IRS levy leaves you an exempt amount based on your standard deduction and dependents; return the Statement of Dependents and Filing Status your employer gives you within 3 days (26 U.S.C. 6334(a)(9), (d); IRS wage levy rules).

No garnishment without a judgment in New Mexico

If you do not respond in writing, the court may enter judgment against you as requested in the lawsuit.

The time to answer in New Mexico: Magistrate or Metropolitan Court: file an answer within 20 days after the summons is served on you (form 4-204).

Got court papers? Count your answer deadline →

in the Debt lawsuits section

What to do if you are sued in New Mexico

Claiming your exemptions in New Mexico

  1. Keep every paper

    Note any deadline to claim exemptions on papers from the court, your employer or your bank; it can be short.

  2. Know New Mexico's limit

    New Mexico's wage rule: You keep the greater of 75% of your disposable earnings or 40 times the highest minimum wage that applies where you earned the wages (federal, state or local) for each week.

  3. Check your bank deposits

    New Mexico also protects money in an account: Up to $2,400 total in bank and investment accounts is protected (plus money from exempt sources such as benefits). Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. Ask the court to protect your money

    Ask the court clerk for the exemption claim form and file it by the deadline. Start with New Mexico court self-help (official).

Questions about garnishment in New Mexico

What is the wage garnishment limit in New Mexico?

Stricter than federal. You keep the greater of 75% of your disposable earnings or 40 times the highest minimum wage that applies where you earned the wages (federal, state or local) for each week. For child support, 50% is protected.

Can a creditor empty my bank account in New Mexico?

Up to $2,400 total in bank and investment accounts is protected (plus money from exempt sources such as benefits). It is part of a $15,000 'any property' exemption. (NMSA 1978, § 42-10-1(A)(14), as amended by Laws 2023, SB 216)

Can a creditor take my home or car in New Mexico?

Home: $150,000 (NMSA § 42-10-9). Motor vehicles up to $10,000; household goods up to $75,000; a $15,000 wildcard for any personal property (NMSA § 42-10-1). These are the 2023 amounts; the law requires cost-of-living adjustments every two years from July 1, 2025 (§ 42-10-14), but the Metropolitan Court exemption form revised 12-31-2025 still lists these same amounts.

Can a collector take Social Security from my bank account in New Mexico?

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). Up to $2,400 total in bank and investment accounts is protected (plus money from exempt sources such as benefits).

Keep reading about New Mexico

Sources and last check

Sources

Last checked: Oct 24, 2026.

Federal sources