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Wage garnishment is a stressful and often confusing experience—especially if you weren’t expecting it. In Massachusetts, creditors can use wage garnishment to collect on unpaid debts by taking a portion of your paycheck before it ever reaches your hands. While it’s a legal tool for debt collection, it’s also one that can often be prevented or managed with the right legal strategy.
At Logan A. Weinkauf, P.C., we help individuals across Massachusetts understand their rights and options when facing wage garnishment, and we work to protect their income, assets, and peace of mind.
What Is Wage Garnishment?
Wage garnishment is a legal process in which a portion of your wages is withheld by your employer and sent directly to a creditor to pay off a debt. This doesn’t happen automatically—creditors must first get a court judgment and then request a wage attachment order.
There are a few key players in this process:
- The creditor, who is seeking repayment
- The debtor, whose wages are being garnished
- The employer, who is legally obligated to withhold the wages
- The court, which authorizes the garnishment
In Massachusetts, wage garnishment is referred to in legal terms as a “trustee process.” Once granted by the court, the creditor can serve your employer (the “trustee”) with an order to withhold a portion of your wages each pay period.
How Much Can Be Garnished in Massachusetts?
Massachusetts follows both state and federal limits on how much of your income can be garnished, and in most cases, whichever law is more protective of the worker applies.
Under federal law, the maximum amount that can be garnished is the lesser of:
- 25% of your disposable earnings, or
- The amount by which your disposable income exceeds 30 times the federal minimum wage (currently $7.25/hour)
Under Massachusetts law, the garnishment limit is even stricter. Creditors can only garnish the lesser of:
- 15% of your gross wages (not after-tax income) or
- The amount by which your weekly wages exceed 50 times the Massachusetts minimum wage (currently $15/hour, meaning $750/week)
Some income sources, like Social Security and certain public assistance payments, are exempt from garnishment in most cases.
When Can a Creditor Garnish Wages?
In most situations, a creditor must sue you in court and win a judgment before garnishment can begin. Once the judgment is in place, they can apply for a wage attachment order through the court. However, there are a few exceptions where no lawsuit is necessary:
- Unpaid taxes: The IRS or Massachusetts Department of Revenue can garnish wages without a court order.
- Child support and alimony: These can be garnished under a separate, streamlined legal process.
- Federal student loans: The U.S. Department of Education can initiate wage garnishment after defaulting, using an “administrative garnishment” process.
If you are at risk of wage garnishment, it’s important to act quickly—even before a judgment is entered. Once garnishment starts, it can be difficult to stop without legal intervention.
What Should You Do If You Receive a Garnishment Notice?
If you’ve received a wage garnishment notice, or if your employer tells you they’ve been served with a trustee summons, don’t panic—but do take action. Here are some steps to consider:
- Review the Court Documents Carefully: Make sure you understand who the creditor is and whether the debt is valid.
- Check for Exemptions: You may be able to claim that your income is exempt under Massachusetts or federal law.
- File an Objection (if appropriate): In some cases, you can challenge the garnishment in court.
- Negotiate with the Creditor: If you’re able to settle the debt, the creditor might agree to withdraw the garnishment.
- Consider Bankruptcy: Filing for Chapter 7 or Chapter 13 bankruptcy in Massachusetts can stop wage garnishment through the automatic stay.
How Logan A. Weinkauf, P.C. Can Help
Wage garnishment can cause serious financial strain, particularly if you’re already struggling to pay rent, buy groceries, or support a family. At Logan A. Weinkauf, P.C., we help clients across Massachusetts understand their rights and fight unfair or overly burdensome garnishment orders.
Our team knows how Massachusetts courts handle wage attachment orders, and we’re committed to defending your income and helping you regain financial control. Contact us today to schedule a free consultation.