Wage Garnishment: Definition, Statutory Scale and Procedure
20 February 2026 · 5 min reading time
Join Staffmatch
See job offersWage garnishment is a procedure that may affect any employee facing an unpaid debt. When implemented, part of the employee’s remuneration is deducted each month in order to repay the amounts owed, within a framework strictly defined by law.
Maximum amount that may be withheld, official statutory scale, minimum amount left to the employee, steps of the procedure, or impact on the payslip… This measure raises many practical questions. Understanding how it works helps anticipate its financial consequences and better understand one’s rights.
In this article, we review everything you need to know about wage garnishment, from the calculation of deductions to possible remedies, including specific situations such as bonuses or temporary employment.
What Is Wage Garnishment?
Wage garnishment, also referred to as garnishment of earnings, is a legal procedure that allows a creditor to recover amounts owed directly from an employee’s salary. When a debt remains unpaid, the creditor may take legal action to obtain authorization to deduct part of the salary until the amounts due are fully repaid.
This mechanism is governed by the French Code of Civil Enforcement Procedures, notably Articles L3252-1 and following, which define the conditions under which a garnishment may be applied to an employee’s income. The measure can only be implemented following a court decision or on the basis of an enforceable title, thus ensuring the protection of the debtor’s rights.
It is referred to as a garnishment “of earnings” because the deduction directly concerns amounts paid under the employment contract: salary, bonuses, or additional remuneration included within the garnishable base defined by regulation.
In practice, the employer acts as the third-party garnishee. Upon receiving the garnishment order, the employer becomes the intermediary responsible for deducting the portion of salary determined by the court decision and transferring it to the creditor according to the procedural rules.
In What Situations Can Wage Garnishment Occur?
Wage garnishment may be initiated when a legally recognized debt remains unpaid. To launch the procedure, the creditor must hold an enforceable title, meaning a court decision or legally binding act confirming that the amount is owed.
Several situations may lead to garnishment of earnings.
Bank Debts and Unpaid Loans
This is the most common case. When a personal loan, consumer credit, or bank overdraft is no longer repaid, the lending institution may bring the matter before a court to obtain a wage deduction.
Tax Debts
The tax authorities may also initiate garnishment in the event of unpaid taxes, whether income tax, property tax, or certain penalties.
Child Support
Unpaid child support is subject to specific procedures, often faster, in order to protect the beneficiary.
Rent and Housing Debts
A landlord may request garnishment if a tenant fails to pay rent or service charges following a court decision.
Fines and Judicial Penalties
Certain financial penalties ordered by a court may also be recovered through wage garnishment.
What Happens in the Event of Multiple Wage Garnishment Procedures?
An employee may sometimes be subject to several recovery procedures at the same time. This situation is referred to as multiple garnishments or concurrence of creditors. It is regulated by the provisions of the French Code of Civil Enforcement Procedures, notably Article L3252-8, to prevent an employee from being deprived of their entire remuneration.
When a second garnishment is initiated while a first one is already in progress, the employer does not apply multiple separate deductions. Instead, they centralize the requests and apply a single deduction within the limits of the statutory garnishment scale.
The deducted amounts are then distributed among the various creditors according to a legally defined order. This distribution is carried out under the supervision of the judicial court registry, which organizes the allocation of the seized amounts.
Certain claims benefit from priority status. This is notably the case for child support, which may be deducted first from the employee’s remuneration before other garnishments are applied.
This mechanism seeks to balance creditors’ rights with the employee’s financial protection by maintaining the statutory garnishment cap despite multiple debts.
What Is the Order of Priority Between Creditors?
When an employee has several debts simultaneously, they are not treated equally. The law establishes a priority order to determine which claims must be repaid first.
Child support holds a special status. It is considered a priority claim because it ensures the essential needs of the beneficiary, often a child or former spouse. As such, it may be deducted before any other wage garnishment.
Other debts, such as unpaid loans, rent, or certain judicial penalties, are addressed afterward. When several creditors fall within the same level of priority, the garnished amounts are distributed among them according to procedural rules.
In this framework, the employer does not decide on the distribution. They apply the instructions issued by the judicial authority, which centralizes the garnishments and organizes the allocation of deducted amounts.
What Is the Procedure for Wage Garnishment?
Wage garnishment follows a strictly regulated procedure designed to reconcile two objectives: enabling debt recovery while protecting the employee’s financial situation.
Since the reform that entered into force on July 1, 2025, the implementation process has been simplified. The procedure remains based on a court decision or enforceable title, but its operational management now primarily relies on the judicial commissioner, who oversees and enforces it.
Existence of an Enforceable Title
Any garnishment of earnings requires, beforehand, the existence of an enforceable title establishing the debt.
This may consist of:
- a judgment issued by a court
- a notarized deed
- an enforceable administrative decision
- or any act having enforceable force within the meaning of the French Code of Civil Enforcement Procedures
Without this legal basis, no deduction may be made from the debtor’s salary.
Intervention of the Judicial Commissioner
Once the enforceable title has been obtained, the creditor appoints a judicial commissioner to initiate the wage garnishment procedure.
This legal professional then becomes the central point of contact for the case. They verify the validity of the title, calculate the garnishable portion, and prepare the necessary documents to implement the deduction.
This intervention falls within the framework of Articles L3252-1 and following of the French Code of Civil Enforcement Procedures, which govern wage garnishment.
Notification of the Garnishment Order
The judicial commissioner then serves the garnishment order.
This official document is sent to the employee’s employer, who legally becomes the third-party garnishee. It marks the starting point of the enforcement procedure.
The document notably specifies:
- the identity of the employee concerned
- the identity of the creditor
- the amount of the debt
- the method used to calculate the deduction
- the applicable statutory scale
These elements ensure that deductions comply with the legal framework.
Information of the Employee
The employee is informed of the implementation of the garnishment. This information allows them to know:
- the origin of the debt
- the outstanding balance
- the repayment terms
- the available legal remedies
They retain the possibility of challenging the procedure or its calculation before the enforcement judge if they believe their rights have not been respected.
Implementation of the Deduction by the Employer
Upon receipt of the garnishment order, the employer is required to apply the deduction to the employee’s salary.
They must strictly comply with:
- the statutory garnishment scale
- the non-garnishable portion
- the consideration of dependents
The amounts deducted are then transferred according to the procedural terms, under the supervision of the judicial commissioner in charge of monitoring the case.
Monitoring and Distribution of Garnished Amounts
When several creditors are involved, the judicial commissioner centralizes the deductions and organizes their distribution in accordance with the priority rules provided by law.
This coordination prevents multiple deductions and guarantees compliance with the overall garnishment cap applicable to the employee.
Can I Refuse a Wage Garnishment?
A wage garnishment cannot be unilaterally refused by the employee. As soon as it is based on a court decision or an enforceable title, it is binding on all parties, including the debtor. The employer is therefore required to carry out the deductions in compliance with the statutory scale.
The principle is set out in the provisions relating to wage garnishment under Articles L3252-1 and following of the French Labor Code. Once the procedure has been initiated and the garnishment order transmitted, the employee cannot directly oppose its implementation.
However, this does not mean that no remedies are available.
Challenging the garnishment
The employee may challenge the garnishment if they believe it is based on an error or does not comply with the legal framework. The challenge may concern, for example, the amount of the debt, the calculation of the garnishable portion, or the failure to take dependents into account.
The request must be submitted to the enforcement judge of the judicial court, who has exclusive jurisdiction over disputes related to the procedure.
Requesting an adjustment
Even when the garnishment is justified, the employee may request an adjustment of the repayment terms. They may ask for a different repayment schedule or demonstrate a deterioration in their financial situation.
The judge may then adapt the amount of the deductions within the statutory limits in order to preserve the household’s financial balance.
How Long Does a Wage Garnishment Last?
The duration of a wage garnishment is not fixed in advance. It depends directly on the amount of the debt to be repaid, the employee’s level of remuneration, and the applicable statutory garnishment cap. In practice, the deduction is maintained each month until the full repayment of the amounts owed.
The calculation is based on the statutory scale that limits the portion of salary that may be deducted. The lower the garnishable portion, the longer the garnishment will last. Conversely, when remuneration is higher, the debt may be repaid more quickly thanks to larger monthly deductions.
The garnishment automatically ends once the debt has been fully repaid, including interest where applicable. The creditor informs the court registry, which then notifies the employer of the release of the garnishment. Upon receipt of this document, the employer immediately stops the deductions from the payslip.
Can It Be Interrupted Before Its End?
Certain situations may lead to a suspension or early termination of the garnishment.
This may occur when an amicable agreement is reached during the procedure, if the employee repays the debt by another means, or in the context of an over-indebtedness procedure. In this case, the over-indebtedness commission may decide to freeze enforcement measures, including wage garnishment.
Furthermore, any error identified in the calculation or in the procedure may justify a challenge before the enforcement judge, potentially leading to a revision or suspension of the deductions.
What Is the Wage Garnishment Scale for 2026?
The law strictly regulates the amount that may be deducted each month in order to preserve a minimum level of income necessary for living expenses. Even in the case of significant debt, a portion of the remuneration remains legally protected and cannot be garnished.
The maximum amount depends on the level of salary received. The higher the remuneration, the greater the garnishable portion increases progressively. Conversely, lower incomes benefit from enhanced protection, with lower deduction thresholds. This mechanism adapts the deduction to the employee’s actual financial situation while preventing them from falling into financial hardship.
To determine the amount that may be deducted, the administration relies on an official garnishment scale, updated regularly. This scale operates through income brackets to which different garnishment percentages apply. The final deduction therefore results from a progressive calculation rather than a single rate applied to the entire salary.
Wage Garnishment Scale Table
The amount that may be deducted in the context of a wage garnishment is not left to the employer’s or creditor’s discretion. It is determined according to a statutory scale established by regulation. This scale is periodically reviewed to take into account changes in the cost of living and to maintain a balance between debt repayment and employee protection.
Official Wage Garnishment Scale 2026
| Monthly Garnishable Income Bracket | Garnishable Portion | Maximum Garnishable Amount |
|---|---|---|
| Up to €373.33 | 1/20 | €18.67 |
| €373.33 to €727.50 | 1/10 | €54.08 |
| €727.50 to €1,083.33 | 1/5 | €125.25 |
| €1,083.33 to €1,435.83 | 1/4 | €213.38 |
| €1,435.83 to €1,789.17 | 1/3 | €331.15 |
| €1,789.17 to €2,150.83 | 2/3 | €572.26 |
| Above €2,150.83 | 100% | €572.26 + full amount exceeding |
What Is the Impact of Dependents on Wage Garnishment?
The presence of dependents directly affects the calculation of a wage garnishment. The legislator takes the employee’s family situation into account in order to preserve a sufficient level of income for the entire household.
For each dependent, the garnishment scale thresholds are increased by €145 per month. This increase does not directly reduce the deducted amount but raises the income brackets used for calculation. In other words, a larger portion of the salary becomes protected before the garnishment percentages are applied.
The following are notably considered dependents:
- Minor or adult children attached to the household for tax purposes
- A spouse or partner with limited financial resources (below the RSA threshold)
- Any person living in the employee’s home and financially dependent on them
This mechanism allows the deduction to be adapted to the employee’s actual financial responsibilities.
Example 1: Employee without dependents
An employee receiving €1,500 in monthly garnishable income is subject to the standard scale.
The garnishable portion is calculated bracket by bracket according to statutory thresholds, without adjustment.
Example 2: Employee with one dependent
For the same level of income, the presence of one dependent increases each bracket by €145.
The first bracket therefore rises from €373.33 to €518.33, which mechanically reduces the portion of salary subject to garnishment.
The deducted amount will therefore be lower than for an employee without family dependents.
Example 3: Employee with two dependents
With two dependents, the increase reaches €290.
The first calculation bracket is then raised to €663.33, and the entire scale is adjusted proportionally. The greater the number of dependents, the larger the protected portion of salary becomes.
Similar articles
Labor Law
SMIC 2026 : Net, Gross, Monthly and Annual Amounts
20 February 2026 · 7 min reading time
SMIC 2025: hourly, monthly and annual amounts, gross and net … here’s everything you need to know about the minimum wage!
Labor Law
Receiving RSA while working temporary jobs
26 November 2025 · 3 min reading time
Discover the eligibility conditions for RSA, how it works for temporary workers, and the reforms planned for 2025. Learn how to combine RSA and temporary work, the advantages for beneficiaries, and the steps to follow
Latest News
Unemployment 2025: changes, conditions, and amounts
03 December 2025 · 4 min reading time
Unemployment insurance 2025: what are the new rules for job seekers? Monthly payments, conditions for seniors, return to employment, reinforced controls. The essential information to understand.
Become a temp worker with Staffmatch!
OUR MOBILE APPS
Download the temp worker app
Download the business appDownload our temp worker appDownload our business app
Download the temp worker appDownload the business appDownload our temp worker appDownload our business app