How much of my wages can be garnished in Massachusetts?
Massachusetts has one of the most protective wage garnishment statutes in the country.
1. Federal Floor
15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or amount above 30× federal minimum wage ($217.50/week).
2. Massachusetts Rule
M.G.L. c. 246 § 28 exempts from trustee process (garnishment) the greater of:
At Massachusetts' $15/hr minimum wage, the floor is $750/week. This means only 15% of gross wages above the threshold are reachable — far less than the federal 25%-of-disposable cap.
3. Special Categories
4. Head-of-Household Exemption
No separate head-of-household exemption; the 50×-state-min-wage floor protects most low- and middle-income workers.
5. Process
Creditor obtains judgment in District or Superior Court, then files motion for trustee process under Mass. R. Civ. P. 4.2. Employer is summoned as trustee. Debtor receives notice and must file Claim of Exemption within 10 days under M.G.L. c. 235 § 34.
6. Multiple Garnishments
Support orders have priority. Only one trustee process is satisfied at a time; subsequent garnishments wait.
7. Employer Anti-Retaliation
15 U.S.C. § 1674 prohibits firing for a single garnishment.
8. Bank Garnishment vs Wage Garnishment
M.G.L. c. 246 § 28A auto-protects $2,500 in a bank account from trustee process. Federal benefit protections under 31 C.F.R. Part 212 apply additionally.
This is legal information, not legal advice.
- Trustee process targeting wages near the 50x floor
- Bank account frozen above the $2,500 auto-protect
- DOR wage levy that ignores state exemption
- M.G.L. c. 246 § 28
- M.G.L. c. 246 § 28A
- M.G.L. c. 235 § 34
- 15 U.S.C. § 1673
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.