Wage garnishment and exemptions in Maine

How much of your pay a creditor can take in Maine. Here is what is protected in your bank account, the property you can keep and how to claim an exemption.

Short answer

Here is Maine's rule on wage garnishment. The court can order payments of no more than the smallest of: 25% of your weekly disposable earnings (plus exempt income), or the amount above 40 times the higher of the federal or Maine minimum wage per week. If your only income is exempt (for example Social Security or unemployment), no payment order is allowed. In a bank account: Up to $3,000 in cash and bank or other financial accounts is exempt. (14 M.R.S. § 4422(17))

Wage limit
Up to 25%
Federal benefits in a bank account
Up to 2 months protected
Law
14 M.R.S. § 3126-A; 14 M.R.S. § 4422(17)

How much of your pay can be garnished in Maine

Wage limit
Stricter than federal. The court can order payments of no more than the smallest of: 25% of your weekly disposable earnings (plus exempt income), or the amount above 40 times the higher of the federal or Maine minimum wage per week. If your only income is exempt (for example Social Security or unemployment), no payment order is allowed.
Law
14 M.R.S. § 3126-A; 14 M.R.S. § 4422(17)

Federal law caps garnishment at 25% of disposable earnings or less (15 U.S.C. 1673(a)); where Maine's rule protects more, it applies.

In nearby states

Maine exemptions for your home, car and belongings

  • Home: up to $80,000 of equity, or $160,000 if minor dependents live with you or you or a dependent are 60+ or disabled (14 M.R.S. § 4422(1)).
  • Your main home cannot be taken for medical debt at all (§ 4422(1)(F)).
  • One vehicle up to $10,000 (§ 4422(2)).
  • Household items up to $500 per item (§ 4422(3)); $3,000 in cash or bank accounts (§ 4422(17)).

More Maine rules

  • On medical debt, collectors cannot charge interest or fees, and cannot garnish your wages or put a lien on your home. (32 M.R.S. § 11013(3)(O)-(P), (12)-(13))
  • 649 (132nd Legislature): no wage garnishment or home liens by debt collectors for medical debt (32 M.R.S. § 11013(12)-(13)).

What Maine protects in a bank account

Up to $3,000 in cash and bank or other financial accounts is exempt. (14 M.R.S. § 4422(17))

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

No garnishment without a judgment in Maine

If you don't answer within 20 days, the collector can ask the court for a default judgment.

Answer the lawsuit by the deadline. In Maine: Superior or District Court civil case: 20 days after you are served with the summons and complaint (Maine Rule of Civil Procedure 12(a)).

What to do if you are sued in Maine

Claiming your exemptions in Maine

  1. Read every notice

    Exemption deadlines on court, employer or bank papers can be short, so mark them at once.

  2. Apply Maine's wage rule

    Maine's wage rule: The court can order payments of no more than the smallest of: 25% of your weekly disposable earnings (plus exempt income), or the amount above 40 times the higher of the federal or Maine minimum wage per week.

  3. Look at your bank account

    Maine also protects money in an account: Up to $3,000 in cash and bank or other financial accounts is exempt. (14 M.R.S. § 4422(17)) Federal benefits paid by direct deposit are protected too (31 CFR 212.6).

  4. Ask the court to protect your money

    Ask the court clerk for the exemption claim form and file it by the deadline. Start with Maine court self-help (official).

Questions about garnishment in Maine

Can a creditor take my wages in Maine, and how much?

Stricter than federal. The court can order payments of no more than the smallest of: 25% of your weekly disposable earnings (plus exempt income), or the amount above 40 times the higher of the federal or Maine minimum wage per week. If your only income is exempt (for example Social Security or unemployment), no payment order is allowed.

Is money in my bank account protected in Maine?

Up to $3,000 in cash and bank or other financial accounts is exempt. (14 M.R.S. § 4422(17))

What are Maine's property exemptions?

Home: up to $80,000 of equity, or $160,000 if minor dependents live with you or you or a dependent are 60+ or disabled (14 M.R.S. § 4422(1)). Your main home cannot be taken for medical debt at all (§ 4422(1)(F)). One vehicle up to $10,000 (§ 4422(2)). Household items up to $500 per item (§ 4422(3)); $3,000 in cash or bank accounts (§ 4422(17)).

Can a collector take Social Security from my bank account in Maine?

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). Up to $3,000 in cash and bank or other financial accounts is exempt. (14 M.R.S. § 4422(17))

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