Money & Debt · Wage Garnishment
Wage Garnishment Laws in Massachusetts
How much of your paycheck a creditor can take in Massachusetts, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
The limit and what is protected in Massachusetts
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | $750/week protected of disposable earnings |
| How the limit works | A larger protected amount than the federal floor |
| Fully protected pay | Weekly gross pay up to 50 times the greater of the federal or Massachusetts minimum wage is fully protected. With the Massachusetts minimum wage at $15.00 an hour, that floor is $750 a week (50 x $15.00). Only wages above $750 a week can be reached, and the federal $217.50 floor never comes into play here because the state floor is much higher. |
| Other exemptions |
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| Federal backstop | The federal 25% / 30× minimum-wage floor also applies; a creditor can never take more than federal law allows. |
| Statute | M.G.L. c. 246, s. 28 |
Massachusetts uses a formula, not a simple flat percentage. Under M.G.L. c. 246 s. 28 the trustee (your employer) must reserve, and treat as exempt, the greater of 85% of your gross weekly wages or 50 times the greater of the federal or Massachusetts minimum wage. Flip that around and a creditor may take only the lesser of 15% of gross wages or the amount by which your weekly pay rises above the 50-times floor of $750. For lower and middle earners the $750 floor is what protects them, since pay at or under $750 leaves nothing to garnish. For higher earners the 15% ceiling becomes the limit instead. Support orders and tax debts follow different rules and are not held to the 15% cap.
What you can do right now
Concrete, neutral steps if your wages are being garnished in Massachusetts. This is legal information, not legal advice.
- Check whether your weekly pay is below the $750 floor
Massachusetts protects 50 times the minimum wage, which is $750 a week at the current $15.00 rate. If your gross weekly pay is at or under $750, an ordinary creditor cannot garnish any of it. If you earn more, only the amount above $750 is exposed, and never more than 15% of your gross.
- Respond to the trustee process and claim your exemption
Garnishment in Massachusetts runs through a court trustee process served on your employer. Read the papers for the deadline and file the exemption claim with the court. The wage protection is not always applied automatically, so raise it in writing rather than assuming the calculation is correct.
- Watch for a bank levy after money is deposited
Wage protection can weaken once pay lands in a checking account, and creditors often go after bank accounts directly. Keep records showing which deposits are wages or exempt income such as Social Security, and act fast if you see a bank account frozen, because the window to object is short.
- Get free Massachusetts legal help
MassLegalHelp.org and the Volunteer Lawyers Project explain the trustee process and can review a garnishment for free or at low cost. Reach out early if the amount taken looks wrong or a bank account has been frozen.
You do not have to face a garnishment alone. This resource can help you check whether an exemption applies and how to file the paperwork.
→ Massachusetts Legal HelpThis is general legal information, not legal advice. Deadlines to claim an exemption are short and vary by court, so act quickly and confirm the specifics for your case.
What Massachusetts workers get wrong
If an ordinary creditor wins a money judgment against you in Massachusetts, the state shields far more of your paycheck than federal law requires. Garnishment here runs through a court trustee process, where your employer is the trustee ordered to hold back part of your pay. Under M.G.L. c. 246 s. 28, the employer must set aside and treat as exempt the greater of 85% of your gross weekly wages or 50 times the greater of the federal or Massachusetts minimum wage. With the state minimum wage at $15.00 an hour since 2023, that floor is $750 a week. Pay at or below $750 cannot be garnished at all, which is well above the federal $217.50 floor that applies in most states. For higher earners the rule caps a creditor at 15% of gross wages. Support orders and tax debts sit outside this formula and can reach much more.
Common questions
How much of my paycheck can a creditor garnish in Massachusetts?
A creditor with an ordinary money judgment can take only the lesser of 15% of your gross weekly wages or the amount by which your weekly pay rises above 50 times the minimum wage. At the current $15.00 minimum wage that floor is $750 a week, so pay at or below $750 is fully protected.
What does the 50 times minimum wage rule mean in dollars?
Massachusetts protects 50 times the greater of the federal or state minimum wage each week. The state minimum wage is $15.00 an hour, so 50 x $15.00 is $750 a week. Wages up to $750 a week cannot be garnished by an ordinary creditor, and only earnings above that are exposed.
Why does Massachusetts protect more than most states?
Federal law only shields about $217.50 a week (30 times the federal minimum wage). Massachusetts ties its floor to 50 times the greater of the federal or state minimum wage, which comes to $750 a week. That much higher floor, plus a 15% ceiling on gross wages, means the federal minimum never governs a Massachusetts wage case.
What is the trustee process in Massachusetts?
Trustee process is the Massachusetts name for wage garnishment. After a creditor gets a judgment, the court can order your employer, called the trustee, to hold back part of your wages each pay period and turn it over. You can file an exemption claim with the court to protect pay that falls under the statute.
Can my wages be garnished for child support or taxes in Massachusetts?
Yes, and those debts are not held to the 15% cap. Child support and alimony orders follow federal income withholding limits, which allow 50% to 65% of disposable pay depending on your situation. Unpaid taxes and defaulted federal student loans also fall outside the ordinary creditor rule and can reach more of your check.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.