Wage Garnishment in Kentucky
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Wage garnishment is a legal process where a creditor can take part of your paycheck after winning a court judgment against you. In Kentucky, state and federal laws limit how much can be taken, and some types of income are fully protected. The garnishment process includes several steps, but people often explore options like challenging the garnishment, setting up a payment plan, or filing for bankruptcy to stop it. Free or low-cost help may be available through legal aid organizations across Kentucky.
Written by Upsolve Team.
Updated October 28, 2025
What Is Wage Garnishment?
If you fall behind on your bills, a creditor might sue you to collect the money you owe. If they win the case, they can ask the court for an order to take money directly from your paycheck. This process is called wage garnishment. It lets them collect part of your wages automatically to repay the debt — often without you agreeing to it.
Both federal and Kentucky laws limit how much of your paycheck can be garnished. Still, even a small cut from each paycheck can make it harder to cover your regular expenses.
This guide will walk you through how wage garnishment works in Kentucky, what protections you may have, and what steps many people consider to stop or avoid it.
Who Can Garnish My Wages in Kentucky?
In Kentucky, a creditor can ask the court to garnish your wages if they win a lawsuit against you for an unpaid debt. This includes many types of consumer debt like credit card balances, medical bills, personal loans, and more. Once they have a court judgment, the creditor can request to take part of your paycheck to help repay what you owe.
⚠️ Some types of debt follow different rules. If you owe federal student loans, unpaid income taxes, or child support, the government or other agencies may be able to garnish your wages without going to court first. These debts have their own rules, which aren’t fully covered in this guide.
How Long Do Creditors Have To Garnish Wages in Kentucky?
Kentucky law gives creditors a limited time to sue over unpaid debts.
If the debt was based on a verbal agreement, they usually have five years to file a lawsuit.
If it was based on a written contract, they generally have 10 years.
💡 These time limits are called statutes of limitations. If a creditor doesn’t sue you before the deadline, they may no longer be able to collect through the court system.
Once a creditor has a court judgment, they typically have up to 15 years to collect it through wage garnishment in Kentucky. This 15-year clock resets every time the creditor takes action to collect the debt, not just from the date of the original judgment.
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Kentucky Wage Garnishment Process
If a creditor is trying to garnish your wages in Kentucky, here’s a step-by-step breakdown of how the process usually works:
The creditor files a lawsuit. A creditor must first sue you in court for not paying a debt. This usually applies to consumer debts like credit cards, personal loans, or medical bills.
You're served with a summons and complaint. You'll be officially notified of the lawsuit with these two documents. This gives you a chance to respond and defend yourself in court.
The court enters a judgment. If you don’t respond in time, the court may issue a default judgment automatically. If you go to court and lose, the judge will issue a standard judgment against you. Either type of judgment allows the creditor to try collecting the money you owe.
The creditor requests a wage garnishment order. After getting the judgment, the creditor can ask the court for a garnishment order. If approved, this order is sent to your employer.
Your employer starts withholding part of your paycheck. Your employer must follow the court order and send part of your wages directly to the creditor. This continues until the debt is paid or the garnishment is stopped by the court.
You may be able to challenge the garnishment. Some people successfully object to wage garnishment in situations like:
The debt was already paid.
You're current on a court-approved payment plan.
The balance being collected is incorrect. You’ll need to act quickly and file the right paperwork, such as the Affidavit to Challenge Garnishment. These forms are available through the Kentucky Court of Justice or your local courthouse.
The court reviews your objection. After you file your objection, the court may schedule a hearing to review your case. If the judge agrees with your objection, the garnishment could be reduced, paused, or stopped.
How Much of My Paycheck Can Be Taken by Wage Garnishment?
In Kentucky, creditors can’t take your entire paycheck. The law protects part of your income based on how much you earn after taxes and other required deductions. This is called your disposable income.
For most debts, like credit cards or medical bills, creditors can only garnish the smaller of these two amounts:
25% of your disposable income
The amount your weekly pay is more than $217.50, which is 30 times the federal minimum wage ($7.25 per hour)
Some types of income are protected by exemptions, which means creditors can’t take them to pay most debts. That includes Social Security benefits, unemployment, workers’ compensation, child support or alimony you receive, and most retirement income.
❗ If you owe money for certain types of debts — like child support, federal taxes, or student loans — there are different rules. These kinds of debts can take more from your paycheck and aren’t limited by the usual 25% rule.
Can More Than One Creditor Garnish Wages at a Time?
If more than one creditor tries to garnish your wages, they may have to wait their turn. In most cases, garnishments are handled one at a time.
No matter how many creditors are involved, the total amount garnished from your paycheck can’t exceed the legal maximum — usually 25% of your disposable income.
How To Stop a Garnishment in Kentucky
If your wages are being garnished in Kentucky, you’re not alone, and there are a couple of common ways people stop the garnishment process.
One option is to pay off the debt. Some people set up a payment plan with the creditor, while others try to settle the debt by offering a lump-sum payment. In a settlement, the creditor might agree to accept less than the full amount you owe. This can help you resolve the debt more quickly, but it's not guaranteed.
Another option is filing for bankruptcy. When you file either Chapter 7 or Chapter 13 bankruptcy, something called the automatic stay goes into effect right away. This court order stops most collection actions, including wage garnishment, while your bankruptcy case is active.
🤝 If you’re unsure whether bankruptcy is the right choice for you, it may help to set up a free consultation with a bankruptcy attorney. If you have a simple Chapter 7 case, you may be eligible to use Upsolve’s free filing tool.
Are There Any Resources for People Facing Wage Garnishment in Kentucky?
If you’d like to talk to someone about your wage garnishment situation, consider reaching out to Kentucky Legal Aid. Legal aid organizations offer free or low-cost help to people with lower incomes. Other groups that may be able to support you include:
The Kentucky Bar Association also lists legal aid options by county.
