๐ Delaware Wage Garnishment Laws & Collection Guide ()
๐ Collecting a judgment in Delaware? Wage garnishment is a valuable tool for recovering money owed to you in the First State. Delawareโknown as a business-friendly stateโhas specific garnishment procedures that creditors should understand. This guide covers everything you need to know about garnishing wages in Delaware as part of your Delaware judgment collection strategy.
โ๏ธ What Is Wage Garnishment in Delaware?
Wage garnishment in Delaware allows judgment creditors to collect money directly from a debtor’s paycheck. The process is governed by Delaware Code Title 10, Chapter 43, with garnishment limits that are more debtor-friendly than federal standards.
For judgment creditors working on how to collect a judgment, understanding Delaware’s unique limits is essential. Our skip tracing services help locate debtors and employers in Delaware.
๐ก Key Point: Delaware limits garnishment to only 15% of disposable earnings (not 25% like federal law). This means slower collection but still effective over time. Delaware judgments last 10 years.
โ ๏ธ Delaware Difference: Delaware protects 85% of wagesโsignificantly more than the federal standard. Creditors should plan for longer collection timelines but consistent payments once garnishment begins.
๐๏ธ Types of Wage Garnishment
- Consumer Debt Garnishment โ Limited to only 15% of disposable earnings
- Child Support Withholding โ Up to 50-65% of disposable earnings
- Tax Levies โ Federal IRS and Delaware Division of Revenue have broader powers
- Student Loan Garnishment โ Up to 15% for federal student loans
๐ฐ Delaware Wage Garnishment Limits
Delaware has its own garnishment limits that differ from federal standards:
๐ข Delaware Limit: Maximum 15% of disposable earnings
๐ต Protected: 85% of wages are always protected
๐ Delaware Exemption Table
| Debt Type | Maximum Garnishment | Notes |
|---|---|---|
| ๐ Consumer Debt | 15% of disposable earnings | More debtor-friendly than federal |
| ๐จโ๐ฉโ๐ง Child Support | 50-65% | Priority over others |
| ๐ Student Loans | 15% | Administrative process |
| ๐๏ธ Tax Debt | Varies | Broader powers |
๐ Need to Find a Debtor’s Employer in Delaware?
Our employment verification services locate employer information within 24 hours.
Order Employer Search โ๐ Steps to Garnish Wages in Delaware
- Obtain a Money Judgment
Get a Delaware judgment or domesticate an out-of-state judgment. Delaware courts include Superior Court and Court of Common Pleas.
- Locate the Debtor and Employer
Our Delaware skip tracing finds employer information.
- File Writ of Attachment
Delaware uses “attachment” for wage garnishment. File the appropriate writ with the court.
- Serve the Employer
Serve the writ on the employer (garnishee) through proper legal channels.
- Employer Response
Employer must respond to the attachment and begin withholding wages.
- Debtor Notice
Debtor receives notice and can claim exemptions.
- Ongoing Collection
Garnishment continues at 15% until judgment satisfied.
๐ Skip Tracing in Delaware
Delaware’s small size but large corporate presence creates unique challenges. Many employees work for corporations headquartered in Delaware but may live or work elsewhere.
๐๏ธ Delaware Coverage
- Delaware Statewide
- Wilmington โ Largest city, corporate headquarters hub
- Dover โ State capital
- Newark โ University of Delaware area
- Sussex County โ Beach communities, tourism
- New Castle County โ Philadelphia commuter corridor
๐ฏ Delaware Debtor Hiding from Collection?
20+ years helping creditors locate judgment debtors in Delaware and the Mid-Atlantic region.
Start Your Search โโฑ๏ธ Garnishment Timeline
Week 1: File Writ of Attachment
Week 1-2: Serve employer
Week 2-4: Employer begins withholding
Week 4-6: First payment received
Note: At only 15% garnishment, collection takes longer than in states allowing 25%. Plan accordingly.
๐ก๏ธ Debtor Protections
- 85% wage protection โ Much higher than federal
- Exempt income โ Social Security, SSI, veterans benefits
- Objection rights โ Can claim exemptions
- Hardship provisions
โ ๏ธ Legal Note: This is general information, not legal advice. Delaware has unique garnishment procedures. Complex matters may require a Delaware attorney.
๐ Our Delaware Services
๐ Skip Tracing
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๐ Ready to Collect Your Delaware Judgment?
Get Started Today โโ FAQs
Only 15% of disposable earnings โ Delaware protects 85% of wages, more than federal law requires.
10 years from date of entry.
Many corporations are incorporated in Delaware. Our business asset searches can help identify corporate assets.
