Wage garnishment and exemptions in Massachusetts

In Massachusetts, a creditor can take no more than 15% of your pay. Plus what a creditor can't touch in your bank account and what property you keep.

Short answer

Massachusetts sets a lower limit than federal law: no more than 15% of your pay. Stricter than federal: you keep the greater of 85% of your gross wages or 50 times the higher of the federal or Massachusetts hourly minimum wage, for each week. Does not apply to support orders. In a bank account: $2,500 in cash, savings or other bank deposits (M.G.L. c. 235, § 34, clause Fifteenth).

Wage limit
Up to 15%
Federal benefits in a bank account
Up to 2 months protected
Law
M.G.L. c. 246, § 28; c. 235, § 34

Massachusetts's limit on wage garnishment

Wage limit
Stricter than federal: you keep the greater of 85% of your gross wages or 50 times the higher of the federal or Massachusetts hourly minimum wage, for each week. Does not apply to support orders.
Law
M.G.L. c. 246, § 28; c. 235, § 34

In our 48 state guides, 13 states, Massachusetts among them, cap garnishment at 15% or less, below the federal 25% (15 U.S.C. 1673(a)).

In nearby states

Property you can keep in Massachusetts

  • Homestead: $125,000 automatic, or up to $1,000,000 if you record a declaration of homestead (M.G.L. c.
  • 188, § 1).
  • A car needed for transportation or work up to $7,500 ($15,000 if you are 60+ or disabled) (M.G.L. c.
  • 235, § 34, clause Sixteenth).

Money in your bank account in Massachusetts

$2,500 in cash, savings or other bank deposits (M.G.L. c. 235, § 34, clause Fifteenth).

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

The lawsuit comes first in Massachusetts

If you don't answer or appear, the plaintiff can ask for a default judgment. For credit card debts, special default rules apply (Mass. R. Civ. P. 55, 55.1).

Answer the lawsuit by the deadline. In Massachusetts: District or Superior Court: serve your answer within 20 days after you are served (Mass. R. Civ. P. 12(a)).

What to do if you are sued in Massachusetts

How to claim an exemption in Massachusetts

  1. Read every notice

    Look for the date to claim exemptions on every court, employer or bank notice.

  2. Work out what Massachusetts protects

    Massachusetts's wage rule: Stricter than federal: you keep the greater of 85% of your gross wages or 50 times the higher of the federal or Massachusetts hourly minimum wage, for each week.

  3. Protect your bank money

    Massachusetts also protects money in an account: $2,500 in cash, savings or other bank deposits (M.G.L. c. 235, § 34, clause Fifteenth). Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. Ask the court to protect your money

    File the court's exemption claim form before the deadline; the clerk has it. Start with Massachusetts court self-help (official).

Questions about garnishment in Massachusetts

How much of my paycheck can be garnished in Massachusetts?

Stricter than federal: you keep the greater of 85% of your gross wages or 50 times the higher of the federal or Massachusetts hourly minimum wage, for each week. Does not apply to support orders.

Can a creditor empty my bank account in Massachusetts?

$2,500 in cash, savings or other bank deposits (M.G.L. c. 235, § 34, clause Fifteenth).

Can a creditor take my home or car in Massachusetts?

Homestead: $125,000 automatic, or up to $1,000,000 if you record a declaration of homestead (M.G.L. c. 188, § 1). A car needed for transportation or work up to $7,500 ($15,000 if you are 60+ or disabled) (M.G.L. c. 235, § 34, clause Sixteenth).

Can a creditor garnish federal benefits in my bank account in Massachusetts?

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). $2,500 in cash, savings or other bank deposits (M.G.L. c. 235, § 34, clause Fifteenth).

Related Massachusetts pages