Start My Answer
loading...

Stop Wage Garnishment in North Dakota

Dena Standley | April 14, 2023

Dena Standley
Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Wage garnishment can cause your financial situation to go from bad to worse. Fortunately, North Dakota has state and federal laws to protect their residents from wage garnishment. One of the most important wage garnishment laws in North Dakota prevents more than 25% of your disposable earnings or disposable income exceeding 40 times the federal minimum wage per week ($290 from being garnished.

Are you facing wage garnishment in North Dakota? If so, you may be feeling overwhelmed and anxious about your financial situation. However, there's hope. Like many other states, North Dakota provides legal options for consumers to stop wage garnishment and regain control of their finances.

For instance, North Dakota laws restrict the amount a debt collector can take and the types of income eligible for garnishment. With these laws in mind, you can make a formal request to object to the garnishment or be exempted from paying the full amount in the order.

This article will explore these and other options to stop wage garnishment. But before that, let's break down North Dakota's wage garnishment laws.

North Dakota wage garnishment laws

In North Dakota, wage garnishment laws are governed by state and federal laws under the Consumer Credit Code of North Dakota and the Federal Consumer Credit Protection Act (CCPA). The following is a summary of these laws:

  • Debts eligible: Consumer debts that qualify for wage garnishment include student loans, credit card debts, medical bills, and personal loans.
  • Amount limitations: In North Dakota, the maximum amount that can be garnished from your earnings is less than 25% of disposable earnings or disposable income exceeding 40 times the federal minimum wage per week ($290).
  • Protection for the head of household: If you provide more than half the support for a dependent, the amount to be garnished reduces significantly.
  • Notice by creditors: A creditor must provide the debtor with written notice of their intent to garnish wages and their right to challenge the garnishment.
  • Exemptions: North Dakota provides certain exemptions for some government benefits such as retirement, veteran, worker’s compensation, and disability benefits.
  • Employer responsibilities: In North Dakota, employers must comply with wage garnishment orders and provide employees with a copy of the garnishment order and information about their rights as debtors.

Undoubtedly, these laws favor the consumer, making it possible for you to fight the garnishment order using the following ways.

Object to the wage garnishment

To object a garnishment order means formally challenging or contesting the validity, amount, or enforceability of the issued garnishment order. The reasons you can use to object wage garnishment include the following:

  • The debt is not valid, or you do not owe the amount the creditor claims
  • The law protects part of your income from garnishment
  • The credit violated your consumer rights or did not give the notice in good time
  • The amount exceeds the legal limit allowed by North Dakota’s state or federal law

Further, objecting to a garnishment order involves filing a written objection with the court that issued the garnishment order and attending a hearing to present your case. To avoid experiencing the same stress with your other debts, you can settle the debt with your creditor before going to court. Check out this video to learn more about how debt settlement works:

File a claim of exemption

Filing a claim of exemption in North Dakota allows you to assert your right to protect a portion of your income from garnishment. You must file the document within ten days of receiving the garnishment order, or you may not succeed in stopping it. Acceptable reasons for exemptions provided by the law include:

  • Your wages are the primary source of support for your family.
  • Your wages fall below the federal poverty line.
  • Your income falls under those protected by the government from garnishment.
  • You have retirement accounts, such as 401(k) plans, IRAs, and pension plans, which may be exempt from garnishment in North Dakota.

Let’s look at an example.

Example: Becky received a wage garnishment order of $430 from American Express due to an outstanding medical debt of $5,500. She receives Social Security disability benefits as her primary source of income due to a disability that prevents her from working. Hence, Becky filed a claim of exemption with the court asserting that her income consists solely of Social Security disability benefits and is therefore exempt from garnishment under federal law. The court canceled the garnishment after she provided supporting documentation.


Negotiate with the creditor

You may think it is a losing battle to negotiate with creditors after they receive a garnishment order. But, creditors are willing to negotiate because the garnishment process can be expensive and too involving.

Negotiating involves requesting the creditor to settle the debt without taking your wages. You can offer to pay the entire debt or a lump sum and promise to pay the remaining amount within a short period.

The best way of negotiating for settlement is through SoloSettle—a software that helps you send and receive settlement offers until an agreement is reached. SoloSettle, powered by SoloSuit, helps you manage your settlement documentation and also protects your sensitive personal and financial information from creditors by transferring your settlement payment for you.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started

Contents