Wage garnishment and exemptions in North Dakota

How much of your pay a creditor can take in North Dakota. Below: bank accounts, the property North Dakota lets you keep, and the steps to claim it.

Short answer

Here is North Dakota's rule on wage garnishment. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal minimum hourly wage. That amount is then reduced by $20 a week for each dependent family member who lives with you. We could not confirm a general dollar amount protected in a bank account in North Dakota; directly deposited federal benefits are still protected (31 CFR 212.6).

Wage limit
Up to 25%
Federal benefits in a bank account
Up to 2 months protected
Law
N.D. Cent. Code § 32-09.1-03; § 28-22-03

North Dakota's limit on wage garnishment

Wage limit
Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal minimum hourly wage. That amount is then reduced by $20 a week for each dependent family member who lives with you.
Head of household
The weekly amount that can be taken drops by $20 for each dependent living with you. You must give your employer a signed list of dependents within 10 days of getting the garnishment summons (N.D. Cent. Code § 32-09.1-03(2)). A head of family can also protect up to $7,500 of other personal property, including money (N.D. Cent. Code § 28-22-03).
Law
N.D. Cent. Code § 32-09.1-03; § 28-22-03

Federal law caps garnishment at 25% of disposable earnings or less (15 U.S.C. 1673(a)); where North Dakota's rule protects more, it applies.

In nearby states

Property you can keep in North Dakota

  • Homestead: up to $150,000 of equity in the home you live in (N.D. Cent. Code § 47-18-01).
  • If you don't use the homestead exemption, you can protect up to $25,000 instead (§ 28-22-03.1(1)).
  • Vehicle: one vehicle up to $10,000 over liens, or $50,000 if modified for a permanent disability (§ 28-22-03.1(2)).

More North Dakota rules

  • North Dakota protects more of your pay than federal law: 40 times the minimum wage instead of 30, and $20 a week more for each dependent (N.D. Cent. Code § 32-09.1-03).

Bank accounts and garnishment in North Dakota

Your bank must automatically protect two months of directly deposited Social Security, SSI or VA benefits (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

The lawsuit comes first in North Dakota

If you don't answer within 21 days, the plaintiff can ask for a default judgment. If you get a motion for default judgment, you have 14 or 17 calendar days to respond in writing. If you don't, the judge can grant the judgment without hearing from you (ND Courts self-help).

Answer the lawsuit by the deadline. In North Dakota: 21 days after you are served with the summons and complaint (district court).

What to do if you are sued in North Dakota

Protecting your pay and property in North Dakota

  1. Keep every paper

    Exemption deadlines on court, employer or bank papers can be short, so mark them at once.

  2. Work out what North Dakota protects

    North Dakota's wage rule: A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal minimum hourly wage. The weekly amount that can be taken drops by $20 for each dependent living with you.

  3. Check your bank deposits

    Two months of direct-deposited federal benefits must be left alone (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 North Dakota court self-help (official).

Questions about garnishment in North Dakota

How much of my paycheck can be garnished in North Dakota?

Stricter than federal. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above 40 times the federal minimum hourly wage. That amount is then reduced by $20 a week for each dependent family member who lives with you.

Is there a head-of-household exemption in North Dakota?

The weekly amount that can be taken drops by $20 for each dependent living with you. You must give your employer a signed list of dependents within 10 days of getting the garnishment summons (N.D. Cent. Code § 32-09.1-03(2)). A head of family can also protect up to $7,500 of other personal property, including money (N.D. Cent. Code § 28-22-03).

What are North Dakota's property exemptions?

Homestead: up to $150,000 of equity in the home you live in (N.D. Cent. Code § 47-18-01). If you don't use the homestead exemption, you can protect up to $25,000 instead (§ 28-22-03.1(1)). Vehicle: one vehicle up to $10,000 over liens, or $50,000 if modified for a permanent disability (§ 28-22-03.1(2)).

Keep reading about North Dakota

Sources

Last checked: Oct 24, 2026.

Federal sources