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Training For Massachusetts Garnishment Law Requirements

What Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt. The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

Employer Guidelines For Handling Garnishments

Employers generally have to notify the debtor in writing that a wage garnishment is about to start before making a garnishment and sending payments to the creditor. The wage garnishment then typically continues until the debts are paid off or otherwise resolved. Employers are required to provide employees with a copy of garnishment paperwork.

About Massachusetts Garnishment Laws

About Massachusetts garnishment laws: Massachusetts permits wage garnishment for certain debts after a creditor obtains a judgment and follows the required court procedures. Employers that receive a valid wage-garnishment order must review the order, determine the employee's disposable earnings, calculate the amount that may legally be withheld, complete the required response, and remit withheld funds as directed.

Massachusetts wage-garnishment rules are governed primarily by Massachusetts General Laws Chapter 246 and applicable federal law. Massachusetts also provides exemptions and protections that can affect the amount available to a creditor.

For ordinary judgment garnishments, Massachusetts generally limits wage attachment to the lesser of 15% of the employee's gross wages or the amount by which the employee's disposable earnings exceed 50 times the Massachusetts minimum wage for the applicable pay period.

At A Glance

• Ordinary consumer debt: Wage attachment is permitted after a judgment and proper court process
• Maximum percentage: Generally the lesser of 15% of gross wages or the amount by which disposable earnings exceed 50 times the Massachusetts minimum wage
• Low-wage protection: Massachusetts provides a substantial earnings exemption before wages can be attached
• Child support: Subject to separate state and federal income-withholding rules
• Employer answer deadline: Generally 7 days after service of the trustee process, unless the court order or applicable procedure provides otherwise
• Administrative fee: No general employer processing fee for ordinary wage attachments; specific fees may apply to child-support withholding
• Priority: Child support and other legally prioritized obligations may take precedence over ordinary judgment attachments
• Ordinary garnishment form: Trustee Process and applicable employer/trustee answer
• Primary state authority: Massachusetts General Laws Chapter 246
• Federal limitations: Federal law applies to child support, federal tax levies, federal student loans, and other federally authorized wage attachments

Massachusetts Wage Garnishment Laws

What Is Wage Garnishment in Massachusetts?

Wage garnishment, commonly called trustee process in Massachusetts, is a legal procedure that allows a creditor to reach money owed by a third party to a judgment debtor. In an employment situation, the employer may be served as the trustee and required to withhold a portion of the employee's wages.

A creditor generally must obtain the required court authority before an employer can be required to withhold wages for an ordinary debt.

Can Creditors Garnish Wages in Massachusetts?

Yes. Massachusetts permits wage attachment for qualifying debts after the creditor follows the required court procedures.

An employer should not begin withholding wages based solely on an informal demand from a creditor. The employer should review the court-issued trustee process or other legally effective withholding order.

Can a Judgment Creditor Garnish Wages in Massachusetts?

Yes. A judgment creditor may generally pursue wage attachment through Massachusetts trustee-process procedures.

Once properly served, the employer must comply with the applicable order unless a valid defense, exemption, release, modification, or other court action changes the employer's obligations.

Can Credit Card Companies Garnish Wages in Massachusetts?

Yes. A credit card company, debt buyer, or other creditor that obtains a valid judgment may generally pursue wage attachment through Massachusetts court procedures.

Can Medical Bills Be Garnished From Wages in Massachusetts?

Yes. A medical provider or collection company may potentially obtain a judgment and pursue wage attachment if the applicable legal requirements are satisfied.

Massachusetts Garnishment Limits

What Is the Maximum Wage Garnishment Percentage in Massachusetts?

For ordinary wage attachments, Massachusetts generally limits the amount available to a creditor to the lesser of 15% of the employee's gross wages or the amount by which the employee's disposable earnings exceed 50 times the Massachusetts minimum wage for the applicable pay period.

Because the Massachusetts formula uses both gross wages and disposable earnings, payroll should perform the calculation carefully rather than simply applying a flat percentage.

How Does the Massachusetts Wage Exemption Work?

Massachusetts protects a portion of an employee's earnings before wages can be attached. The statutory calculation is based in part on 50 times the Massachusetts minimum wage for the relevant pay period.

Payroll should use the applicable Massachusetts minimum wage and pay-period calculation when determining the amount subject to an ordinary wage attachment.

What Is the Child Support Garnishment Limit in Massachusetts?

Child-support income withholding is governed by separate Massachusetts and federal requirements. The applicable maximum generally follows the federal Consumer Credit Protection Act.

Depending on the employee's circumstances and whether the support obligation is more than 12 weeks delinquent, federal law generally permits withholding of up to 50%, 55%, 60%, or 65% of disposable earnings.

Payroll should follow the specific income-withholding order and applicable federal requirements rather than applying the ordinary Massachusetts wage-attachment formula.

What Is the Federal Student Loan Garnishment Limit in Massachusetts?

Federal law permits administrative wage garnishment for qualifying federal student-loan debt. The general federal limit is up to 15% of disposable pay, subject to applicable federal restrictions.

Massachusetts employers receiving a federal student-loan administrative wage-garnishment order should follow the federal order and applicable federal procedures.

What Is the Federal Tax Levy Limit in Massachusetts?

Federal tax levies are governed by federal law and do not use the ordinary Massachusetts wage-attachment calculation.

When an employer receives an IRS levy, payroll should follow the levy instructions and applicable federal exemptions.

Massachusetts Employer Garnishment Requirements

What Should a Massachusetts Employer Do After Receiving a Garnishment?

An employer should promptly review the trustee process or wage-withholding order and verify the employee information, issuing court, case number, service date, withholding instructions, payment instructions, and employer response deadline.

Payroll should determine the employee's gross wages and disposable earnings and apply the appropriate Massachusetts exemption and withholding formula.

Employers should also determine whether other garnishments, tax levies, child-support orders, or other legally prioritized withholding orders are already active.

When Must a Massachusetts Employer Respond to a Wage Garnishment?

Massachusetts trustee-process procedures can impose a short response period on the employer or trustee. For an ordinary trustee process, the trustee generally must file an answer within 7 days after service, subject to the specific order and applicable court rules.

Because response requirements can vary depending on the type of proceeding, payroll should use the deadline stated in the documents received and calendar it immediately.

What Happens If an Employer Fails to Respond?

An employer that fails to properly answer or comply with a valid trustee process may face court action and potential liability.

Payroll departments should therefore route garnishment documents promptly to the person responsible for wage attachments and legal compliance.

When Must a Massachusetts Employer Remit Garnished Wages?

The employer should follow the payment instructions contained in the trustee process or court order. The order will identify the recipient and the applicable payment procedure.

Employers should maintain records of each withholding and payment until the attachment is released, satisfied, or otherwise terminated.

Massachusetts Garnishment Forms

What Form Does a Massachusetts Employer Use?

Massachusetts does not use one universal employer garnishment form for every type of wage withholding.

Ordinary wage attachments are generally handled through a trustee process issued by the court, together with the trustee's answer or other response required by the proceeding.

Child-support withholding uses separate income-withholding procedures and forms, while federal student-loan garnishments and federal tax levies use federal documents.

What Information Should Employers Review?

• Employee name
• Employee identifying information
• Case number
• Issuing court
• Judgment creditor
• Judgment debtor
• Date of service
• Effective date
• Amount of judgment or obligation
• Employee's gross wages
• Employee's disposable earnings
• Applicable Massachusetts exemption
• Existing liens or withholding orders
• Employer response deadline
• Payment instructions
• Release or termination instructions

Massachusetts Garnishment Administrative Fees and Cost Recovery

Can a Massachusetts Employer Charge a Garnishment Processing Fee?

There is no general employer processing fee that automatically applies to an ordinary Massachusetts wage attachment.

Employers should not deduct a processing charge from an employee's wages unless the fee is specifically authorized by applicable law or the particular withholding order.

Can an Employer Charge a Fee for Child Support Withholding?

Child-support withholding is subject to separate Massachusetts rules. Employers should review the applicable income-withholding order and Massachusetts requirements before deducting an administrative fee.

The ordinary trustee-process rules for consumer judgments should not automatically be applied to child-support income withholding.

Can an Employer Recover Garnishment Processing Costs?

Employers should not assume that ordinary payroll-processing costs can be recovered from an employee simply because a wage attachment was received.

Any employee deduction for garnishment administration should be supported by specific statutory or regulatory authority.

Massachusetts Garnishment Priority Rules

Which Garnishment Has Priority in Massachusetts?

Priority depends on the type of withholding and the applicable state and federal law.

Child-support income withholding generally receives priority under federal and state requirements. Federal tax levies and other federally authorized wage attachments are also governed by federal priority rules.

Ordinary judgment attachments must be coordinated with any higher-priority withholding obligations.

What Happens When an Employee Has Multiple Garnishments?

Payroll should identify all active withholding orders before determining how much of the employee's earnings is available for each obligation.

Employers should not simply process multiple garnishments in the order in which they arrive. The applicable priority rules and maximum withholding limitations must be considered.

Massachusetts Garnishment Exemptions

Are Wages Protected From Garnishment in Massachusetts?

Massachusetts provides significant protection for employee earnings through its wage-attachment exemption and maximum withholding rules.

For ordinary wage attachments, the amount available to the creditor is generally limited by both the 15% gross-wage restriction and the disposable-earnings exemption based on 50 times the Massachusetts minimum wage.

Can an Employee Contest a Massachusetts Wage Garnishment?

Yes. Employees may have grounds to object to a wage attachment or assert an applicable exemption or defense.

Employers should not independently decide whether an employee's objection is legally sufficient. Payroll should follow the court's instructions and any subsequent order modifying or releasing the attachment.

Massachusetts Garnishment Compliance Checklist

Payroll professionals can use the following checklist when processing a Massachusetts wage attachment:

• Confirm that the trustee process or withholding order was properly served
• Verify the employee named in the order
• Identify the issuing court
• Review the judgment creditor and judgment debtor
• Determine the type of garnishment
• Review the date of service
• Calendar the employer answer deadline
• Calculate gross wages
• Calculate disposable earnings
• Apply the Massachusetts wage-attachment exemption
• Apply the applicable 15% limitation
• Check for existing wage liens and withholding orders
• Determine whether child support or another higher-priority obligation applies
• Complete the required trustee or employer answer
• Begin withholding according to the order
• Remit withheld wages according to the required payment instructions
• Do not deduct an unauthorized processing fee
• Maintain withholding and payment records
• Monitor for amended orders, releases, or satisfaction of the judgment

Common Garnishment Errors In Massachusetts To Avoid

Applying a Flat 25% Garnishment Rule

Massachusetts does not generally use the federal 25% formula for ordinary wage attachments. The state calculation generally uses the lesser of 15% of gross wages or the amount by which disposable earnings exceed 50 times the Massachusetts minimum wage.

Failing to Apply the Massachusetts Wage Exemption

Payroll should calculate the employee's protected earnings before determining the amount available for an ordinary wage attachment. Ignoring the statutory exemption can result in excessive withholding.

Missing the Employer Answer Deadline

Massachusetts trustee-process proceedings can require a response within a short period, generally 7 days for an ordinary trustee answer. Payroll should calendar the deadline immediately upon receipt.

Using the Ordinary Garnishment Formula for Child Support

Child-support withholding is subject to separate state and federal requirements. Employers should follow the income-withholding order rather than applying the ordinary Massachusetts wage-attachment calculation.

Charging an Unauthorized Processing Fee

There is no general employer processing fee for every Massachusetts wage attachment. Payroll should verify the legal authority before deducting any administrative charge.

Ignoring Existing Withholding Orders

Employers should check for existing liens, child-support orders, tax levies, and other withholding obligations before processing a new garnishment.

Failing to Remit Withheld Wages Correctly

Employers should follow the payment instructions contained in the trustee process or withholding order and maintain documentation showing when and where each payment was sent.

Stopping a Garnishment Without Authorization

Payroll should continue withholding until the employer receives an appropriate release, termination, modification, or other legally effective instruction.

Massachusetts Garnishment FAQs

Can a Creditor Garnish Wages in Massachusetts?

Yes. A creditor can generally pursue wage attachment after obtaining the required judgment and following Massachusetts trustee-process procedures.

What Is the Maximum Wage Garnishment in Massachusetts?

For ordinary wage attachments, the amount is generally limited to the lesser of 15% of gross wages or the amount by which disposable earnings exceed 50 times the Massachusetts minimum wage for the applicable pay period.

Can Credit Card Companies Garnish Wages in Massachusetts?

Yes. A creditor that obtains a valid judgment may generally pursue wage attachment through Massachusetts court procedures.

Can Medical Bills Be Garnished From Wages in Massachusetts?

Yes. A medical creditor may potentially obtain a judgment and pursue wage attachment if the applicable legal requirements are satisfied.

Can Child Support Be Garnished From Wages in Massachusetts?

Yes. Massachusetts permits income withholding for child support, subject to applicable state and federal requirements.

Can Federal Student Loans Be Garnished in Massachusetts?

Yes. Federal law permits administrative wage garnishment for qualifying federal student-loan debt, generally up to 15% of disposable pay subject to federal requirements.

Can the IRS Garnish Wages in Massachusetts?

Yes. Federal tax levies can require Massachusetts employers to withhold wages under federal law.

What Is the Massachusetts Garnishment Form for Employers?

Ordinary wage attachments generally use the Massachusetts trustee-process procedure and the applicable trustee or employer answer. Child-support and federal garnishments use separate forms and procedures.

What Is the Massachusetts Employer Garnishment Answer Deadline?

For an ordinary trustee process, the trustee generally must answer within 7 days after service, subject to the particular court order and applicable procedural requirements.

Can a Massachusetts Employer Charge a Garnishment Fee?

There is no general processing fee for ordinary wage attachments. Employers should verify the applicable authority before deducting any administrative fee.

What Happens If an Employer Ignores a Massachusetts Garnishment Order?

An employer that fails to properly answer or comply with a valid trustee process may face court action and potential liability. Garnishment documents should be reviewed promptly by the appropriate payroll or compliance personnel.

Massachusetts Garnishment Compliance Tips for Employers

Massachusetts employers should establish a consistent process for handling wage attachments. Because the employer response period can be short, garnishment documents should be routed to payroll or the appropriate compliance department immediately.

Payroll should calculate both gross wages and disposable earnings and apply the Massachusetts wage-attachment formula rather than automatically using a federal 25% garnishment calculation.

Employers should distinguish ordinary judgment attachments from child-support income withholding, federal student-loan garnishments, and federal tax levies because each type of withholding can have different limits, forms, deadlines, priority rules, and payment procedures.

Payroll departments should maintain copies of trustee processes, employer answers, withholding calculations, payment records, correspondence, amended orders, and releases.

Final Takeaway

Massachusetts permits wage attachment for qualifying judgments, but the state provides substantial protection for employee earnings.

For ordinary wage attachments, the amount available to a creditor is generally limited to the lesser of 15% of gross wages or the amount by which disposable earnings exceed 50 times the Massachusetts minimum wage for the applicable pay period.

Employers must also meet the applicable trustee-answer deadline, apply priority rules, recognize existing withholding orders, and avoid unauthorized processing fees.

Child support, federal student loans, federal tax levies, and other specialized obligations can be subject to different rules. Employers should identify the type of withholding before calculating deductions.

A documented garnishment process can help Massachusetts employers meet response deadlines, apply the correct withholding limits, recognize priority orders, remit payments correctly, and avoid costly payroll errors.

Massachusetts Official Resources

Massachusetts Courts

The Massachusetts court system provides information concerning civil judgments, trustee process, wage attachments, court forms, and procedures.

Massachusetts General Court

The Massachusetts General Court provides access to the Massachusetts General Laws, including Chapter 246 and other provisions governing trustee process and wage attachments.

Massachusetts Department of Revenue

The Massachusetts Department of Revenue provides information concerning state tax collection and wage-related collection procedures.

Massachusetts Department of Revenue Child Support Enforcement

Massachusetts Child Support Enforcement provides information concerning income withholding and employer responsibilities for child-support obligations.

Internal Revenue Service

The Internal Revenue Service provides federal guidance for employers that receive IRS wage levies.

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