Protected Earnings Rate

The minimum amount of earnings that a debtor must be left with after deductions under an attachment of earnings order. The court sets the protected earnings rate based on the debtor's essential living expenses, ensuring that deductions do not reduce their income below a level needed to meet basic needs.

In practice

When making an attachment of earnings order, the court sets two figures: the normal deduction rate (the amount to be deducted each pay period) and the protected earnings rate (the floor below which earnings cannot be reduced). If the debtor's earnings in any pay period fall below the protected earnings rate, no deduction is made. The employer must check each pay period and only deduct what is available above the protected rate.