Money & Debt · Wage Garnishment
Wage Garnishment Laws in Montana
How much of your paycheck a creditor can take in Montana, the pay that is fully protected, and what to do right now if a garnishment has started, cited to the statute.
Want your own number? Run your paycheck through the Montana wage garnishment calculator →
The limit and what is protected in Montana
How much a creditor can take, the pay that is exempt, and where it comes from in the code.
| Most a creditor can take | 25% of disposable earnings |
| How the limit works | The federal ceiling: 25% of disposable pay, or 30× the minimum wage protected |
| Fully protected pay | Weekly disposable pay up to $217.50 (30 times the $7.25 federal minimum wage) is fully protected. A creditor can reach only the lesser of 25% of your disposable pay or the amount above $217.50 a week. If your weekly disposable pay is $217.50 or less, none of it can be garnished. |
| 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 | Mont. Code Ann. §25-13-614 |
Montana follows the federal ceiling by statute rather than adding a lower percentage or a larger formula. Section 25-13-614 caps an ordinary judgment garnishment at the lesser of 25% of disposable earnings or the amount above 30 times the federal minimum wage, and it adopts the federal meanings of earnings, disposable earnings, and garnishment. The percentage cap does not apply to court orders for child or spousal support, which follow their own higher limits.
What you can do right now
Concrete, neutral steps if your wages are being garnished in Montana. This is legal information, not legal advice.
- Confirm the protected floor first
Under Mont. Code Ann. §25-13-614 the first $217.50 of your weekly disposable pay cannot be touched, and a creditor can take only the lesser of 25% of disposable pay or the amount above that floor. If your take-home is at or below $217.50 a week, none of it should be garnished.
- Respond to the garnishment and raise exemptions
When you receive notice of a garnishment, act before the deadline on your papers. You can object if the math is wrong or claim exemptions for protected income such as Social Security, unemployment, or public assistance. Doing nothing lets the withholding proceed.
- Watch your bank account for a levy
A creditor can also try to freeze money already in your bank account. Exempt funds such as Social Security or public benefits can still be protected there, but you usually have to claim the exemption in writing, so check your account and act if it is frozen.
- Get free Montana legal help
Montana Law Help and your local legal aid office can point you to the response and claim-of-exemption forms and the filing deadline. This is legal information, not legal advice, so confirm your own situation with a lawyer.
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.
→ Montana Law Help: What is a Wage Garnishment?This 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 Montana workers get wrong
Montana keeps its consumer wage garnishment rule simple by following the federal ceiling directly. Under Mont. Code Ann. §25-13-614, a creditor collecting on an ordinary money judgment can take only the lesser of 25% of your disposable pay or the amount by which your weekly disposable pay exceeds 30 times the federal minimum wage, which is $217.50 at the $7.25 federal rate. That $217.50 is fully protected, so if your weekly take-home is at or below it, nothing can be garnished. The statute borrows the federal definitions of earnings and disposable earnings from 15 U.S.C. 1672, so disposable pay means what is left after taxes and other legally required deductions. Because Montana matches the federal floor rather than adding a lower percentage, the practical numbers here are the same nationwide baseline, but the protection is written into Montana law. Support orders for a child or spouse are the main exception and follow their own higher limits.
Common questions
How much of my paycheck can a creditor garnish in Montana?
For an ordinary consumer judgment, Mont. Code Ann. §25-13-614 lets a creditor take the lesser of 25% of your disposable pay or the amount by which your weekly disposable pay exceeds $217.50. Disposable pay is what is left after taxes and other mandatory deductions. Whichever calculation leaves more money in your pocket is the one that controls.
What is the $217.50 protected amount in Montana?
It is a weekly floor of pay that cannot be garnished at all. Montana uses the federal formula: 30 times the $7.25 federal minimum wage equals $217.50 a week. A creditor can reach only the portion of your weekly disposable pay above that figure, and never more than 25%, whichever leaves you more.
Is Montana more protective than the federal 25% garnishment limit?
No, Montana matches it. Section 25-13-614 adopts the same 25% cap and the same 30 times federal minimum wage floor that federal law sets, and it uses the federal definitions of earnings and disposable earnings. A state can only be more protective than the federal rule, never less, and Montana chose to track the federal ceiling exactly.
How do I stop or object to a wage garnishment in Montana?
Respond to the court that issued the garnishment before the deadline printed on your papers. You can object if the amount is wrong or claim an exemption for protected income such as Social Security, unemployment, or public assistance. If you do nothing, the withholding proceeds. Montana Law Help has forms and instructions.
What debts can still reach my paycheck in Montana beyond the 25% limit?
The 25% cap covers ordinary consumer judgments. It does not apply to court orders for child support or spousal maintenance, which follow their own higher federal limits, and it does not stop garnishment for unpaid federal or state taxes or defaulted federal student loans. Those obligations can take a larger share of your pay.
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.