Skip to content
Oakclause

Wage Garnishment Limits in New Mexico

New Mexico exempts the greater of 75% of disposable earnings or 40 times the highest applicable federal, state or local minimum hourly wage each week.

Last checked . General information, not legal advice.

New Mexico at a glance

Garnishment limit for consumer debt
Exempt: greater of 75% or 40x highest minimum wage
The highest applicable minimum wage can be a federal, state or local rate where the wages were earned.
Garnishment allowed for consumer debt
Yes
Stricter than federal limit
Yes
Head of household exemption
No

Sources

Last checked

The rules in New Mexico

How much of your wages can be garnished for consumer debt in New Mexico?

Garnishment limit for consumer debt in New Mexico: Exempt: greater of 75% or 40x highest minimum wage. The highest applicable minimum wage can be a federal, state or local rate where the wages were earned.

Can wages be garnished for ordinary consumer debt in New Mexico?

Yes. Garnishment allowed for consumer debt in New Mexico: yes.

Does New Mexico protect more wages from garnishment than federal law?

Yes. Stricter than federal limit in New Mexico: yes.

Does New Mexico give extra garnishment protection to a head of household?

No. Head of household exemption in New Mexico: no.

Where do the New Mexico wage garnishment limits come from?

The rules above come from N.M. Stat. 35-12-7. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Disposable earnings are what remains after deductions the law requires, such as income tax, Social Security and required withholding. Voluntary deductions like health insurance or retirement contributions are usually not subtracted, so the protected amount is often less than take home pay suggests.

The limits in this guide apply to ordinary consumer debt. Child support, alimony, federal and state taxes, and federal student loans follow separate rules that often allow a larger share of pay to be taken, even in states with strict limits for other debts.

Exemptions are often not applied automatically. A worker may need to file a claim of exemption with the court within a short deadline after receiving notice of the garnishment. Reading the notice promptly, and talking with the creditor about a payment plan or settlement, can keep more of each paycheck.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.