Massachusetts Wage Garnishment Laws: How Much Can They Take?

In Massachusetts, a creditor with a court judgment can take far less of your paycheck than the federal rules allow. Under Massachusetts General Laws Chapter 246, Section 28, the part of your weekly earnings that is protected from a regular debt garnishment is the greater of 85% of your gross wages or 50 times the Massachusetts minimum hourly wage. With the state minimum wage at $15.00 per hour (the rate in effect since January 1, 2023 and continuing as of 2026), that means the first $750 of your weekly gross pay is completely off-limits, and even above that line a creditor can usually reach no more than 15% of your gross wages. This is a meaningfully stronger protection than the federal floor, which only shields 30 times the federal minimum wage and allows creditors to take up to 25% of disposable earnings.

How the Massachusetts wage protection works

Massachusetts does not have a process literally called "wage garnishment" the way many states do. Instead, a creditor who has won a money judgment against you collects from wages through a court procedure known as trustee process, also called wage attachment, under M.G.L. Chapter 246. Your employer is named as the "trustee" and is ordered to hold back and pay over the non-exempt portion of your wages.

The key number is the exemption in Section 28. For each week, the law protects the greater of these two amounts:

• 85% of your gross wages for that week, or
• 50 times the greater of the federal or Massachusetts hourly minimum wage.

Because the Massachusetts minimum wage ($15.00) is higher than the federal minimum wage ($7.25), the second figure works out to 50 x $15.00 = $750 per week as of 2026. Whatever is left after subtracting the larger of those two protected amounts is the most a creditor can attach.

A practical way to see it: if you earn $750 or less in gross wages in a week, nothing can be taken for an ordinary debt. If you earn more than that, a creditor can generally reach only the smaller of (a) the amount above $750, or (b) 15% of your gross wages, because the 85% protection caps what is exposed. Minimum-wage rates can change, so confirm the current Massachusetts figure with the state before relying on the exact dollar amount.

How Massachusetts compares to the federal rule

The federal Consumer Credit Protection Act sets a nationwide ceiling: a creditor may take the lesser of 25% of your disposable earnings or the amount by which your disposable earnings exceed 30 times the federal minimum wage. States are free to protect more, and Massachusetts does. By protecting 85% of gross pay and using a 50x (not 30x) minimum-wage multiplier tied to the higher state wage, Massachusetts leaves more money in your pocket than the federal baseline in almost every case.

What income is exempt in Massachusetts

Beyond the wage formula, Massachusetts and federal law shield many categories of income entirely from ordinary creditors. Money that is generally exempt includes:

• Social Security, SSI, and Social Security Disability benefits
• Veterans' benefits
• Public assistance, including TAFDC and EAEDC
• Unemployment compensation
• Workers' compensation benefits
• Most pension and retirement plan payments
• Child support you receive

These exemptions do not disappear just because the money lands in a bank account, but you may have to identify and claim it. Massachusetts also protects a base amount of funds in a bank account from levy (M.G.L. c. 235, Section 34A protects a set sum, commonly cited as $2,500). If exempt federal benefits like Social Security are direct-deposited, federal rules require banks to automatically protect a couple of months' worth of those benefits from a freeze.

The exceptions: debts that can take more

The 85%/50x protection applies to ordinary consumer debts such as credit cards, medical bills, personal loans, and most judgments. Several categories of debt follow different, less generous rules:

• Child support and alimony. Domestic-support orders are enforced under separate law and can reach a much larger share of your pay, following the federal limits that allow 50% to 65% of disposable earnings depending on your circumstances.
• Federal and state taxes. The IRS and the Massachusetts Department of Revenue can levy wages under their own tax-collection rules, which are not governed by the Chapter 246 wage exemption.
• Federal student loans. The U.S. Department of Education and its servicers can use administrative wage garnishment of up to 15% of disposable pay without first going to court.

For these debts, the Massachusetts trustee-process exemption generally does not provide the same shelter, so it is important to know which type of debt you are facing.

How to claim an exemption to stop or reduce garnishment

Massachusetts builds protection into the court process, but you often have to assert it. Steps to protect your wages:

• Watch for court papers. Before wages can be attached, a creditor must obtain a judgment and then ask the court to approve trustee process. You should receive notice. Do not ignore it; missing a hearing can let an order issue without your input.
• File a claim of exemption. When you are served with a wage-attachment or trustee-process notice, you can file a claim of exemption with the court that issued it, stating that your wages fall within the Section 28 protection or that your income is otherwise exempt. The court will schedule a hearing.
• Bring proof. Pay stubs, benefit award letters, and bank statements showing the source of deposits help you show that your income is protected.
• Object to a bank levy. If a creditor freezes a bank account holding exempt funds (such as Social Security or wages already protected), file the exemption claim quickly so the funds can be released.
• Ask about hardship. If even the allowed attachment leaves you unable to meet basic needs, raise that with the court; judges have discretion in trustee-process matters.

If a debt collector tries to garnish wages without a judgment, threatens illegal seizure, or pursues exempt income, that conduct may also violate the federal Fair Debt Collection Practices Act (FDCPA), which gives you the right to sue collectors for abusive or unlawful tactics.

Where to verify and get help

Because dollar figures tied to the minimum wage can change, confirm the current numbers before you act. Reliable sources include the text of M.G.L. Chapter 246, Section 28, and the Massachusetts Trial Court self-help resources. For consumer protection questions and complaints about unlawful collection, contact the Office of the Massachusetts Attorney General, Consumer Advocacy and Response Division (CARD), which handles consumer complaints and publishes guidance on debt collection and your rights. Free legal aid organizations and the Massachusetts Trial Court Law Libraries can also help you read the statute and prepare a claim of exemption.

The bottom line: Massachusetts gives you stronger paycheck protection than federal law, shielding the greater of 85% of gross wages or 50 times the state minimum wage, but you usually have to claim it. Respond promptly to any court notice, document your exempt income, and verify the current figures with an official source.

Official Massachusetts Sources

This page is based on Massachusetts law. Limits and deadlines change — verify the current details directly with the official Massachusetts sources below. This is general legal information, not legal advice.

• Office of the Attorney General — Consumer Advocacy & Response Division (Consumer Services) — official Massachusetts agency.
• File a consumer complaint (Massachusetts Attorney General's Office)
• Massachusetts General Laws Chapter 93A — Regulation of Business Practices for Consumers Protection

Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of Massachusetts’s own rules.