Federal student loans can garnish up to 15% of your disposable income without a court order if you default on your loans, which happens after about 270 days of missed payments
. Disposable income is your earnings after legally required deductions such as federal, state, and Social Security taxes
. Before garnishment begins, you must receive a 30-day notice and have the right to request a hearing to contest it
. For private student loans, lenders must first sue you and obtain a court judgment before garnishing wages. Once authorized, they can garnish up to 25% of your disposable income, depending on your earnings and state laws
. Private lenders cannot garnish protected income like Social Security or retirement benefits
. In summary:
- Federal student loans: Up to 15% of disposable income garnished without court order after default, with notice and hearing rights
- Private student loans: Up to 25% of disposable income garnished but only after court judgment
These garnishment limits are designed to protect a portion of your income while allowing creditors to collect on defaulted loans.