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.

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

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.

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).

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

Last checked: Oct 24, 2026.

Federal sources