Wage garnishment in Massachusetts

Most a card or medical judgment can take

15% of gross paysource

Pay you always keep

$750 a week (50 x $15.00)source

Bank account protection

$2,500 per personsource

How long a judgment lasts

20 years, with 12% yearly interestsource

How much can be garnished from my paycheck in Massachusetts?

Under General Laws chapter 246, section 28, the exempt part of each week’s wages is the greater of 85% of your gross pay or 50 times the higher of the federal or state minimum wage. The state rate is $15.00 an hour, so that second number is $750 a week.

Gross means before taxes. That is a big difference from the federal rule, which works on pay after taxes. On $1,000 a week gross, 15% is $150, so $150 is the most. On $800 gross, only $50 is above $750, so the creditor gets $50. Every writ must state the exempt amount and tell your employer to pay it to you on your usual payday.

Supplementary process: the court date before your pay is touched

Losing the original case does not let a creditor take wages on its own. According to Mass. Legal Help on losing a debt case, the creditor must take you back to court in a Supplementary Process case to garnish your pay. You get a complaint and summons in the mail with the hearing date.

Go to that hearing. If you miss it, the court may issue a warrant for your arrest. At a payment review, the judge looks at your income and expenses to decide whether you can pay and how much. You can propose a plan that fits your budget or explain why you cannot pay at all. You can also ask the clerk-magistrate and the creditor to waive interest.

Bills a Massachusetts judge can protect on top of that

Massachusetts lets you shield money you need for certain expenses in addition to the protected wages. The Mass. Legal Help list of protected money gives these monthly amounts: up to $500 for utilities, $600 for groceries and other provisions, $2,500 for rent and $2,500 in cash or savings.

Bring rent receipts, utility bills, grocery receipts and bank statements. When those costs are subtracted, the share left for the creditor can drop to nothing. Some income is fully protected, including unemployment, Social Security, SSI, veterans benefits and TAFDC.

Can my bank account be garnished in Massachusetts?

A creditor can serve a trustee summons on your bank, but section 28A protects $2,500 of a person’s money in a Massachusetts bank or credit union. The bank may report as reachable only the amount above $2,500. Each person gets one $2,500 exemption at a time and businesses get none. If bank records show your $2,500 was already used up somewhere else, the creditor can ask the court for further attachments.

Stopping a garnishment in Massachusetts

Start with dates. After a small claims loss you have 10 days to appeal, as the state’s small claims guide explains. After that, the payment review and the Supplementary Process hearing are where your wages are decided, so arrive with pay stubs and bills. If your only income is protected, say so and bring proof. Call and a garnishment specialist reviews your summons and your budget with you before the hearing.