50-State Surveys / Wage Garnishment Limits / Massachusetts

Wage Garnishment Limits in Massachusetts

Short answer Massachusetts exempts the greater of 85% of gross weekly wages or 50 times the higher federal or Massachusetts minimum hourly wage from an ordinary creditor's trustee process (M.G.L. c. 246, § 28). The current Massachusetts minimum wage determines the weekly floor. Pension assets have a separate exemption with statutory limits; support orders use federal withholding limits instead.
State
Massachusetts
Statute checked
October 7, 2026
Sources
15 statutes
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At a glance

Governing lawM.G.L. c. 246, §§ 28 and 32 govern ordinary wage exemptions and restrict wage trustee process to a judgment action with advance judicial permission; c. 208, § 36A separately governs support-order trustee process.
Maximum that can be garnishedAt most the lesser of 15% of gross weekly wages or gross weekly wages above 50× the higher federal/Massachusetts minimum wage (c. 246, § 28), subject also to the federal disposable-earnings ceiling.
State rule vs. federal floorMassachusetts's 50× higher-wage floor exceeds the federal 30× federal-wage floor. State 15%-of-gross and federal 25%-of-disposable prongs use different bases; both ceilings apply (§ 28; 15 U.S.C. § 1673(a)).
Minimum-wage protected floor50× the higher federal/Massachusetts minimum hourly wage (§ 28); the current Massachusetts $15 rate (c. 151, § 1) makes the weekly gross-wage floor $750.
Support, tax & student loan debtsSupport orders use federal support limits instead of § 28, through c. 208, § 36A. State-tax levy uses c. 62C, §§ 53, 55A (a separate $75 weekly exemption plus $25 per qualifying dependent); federal student-loan administrative garnishment has a separate 15%-of-disposable-pay ceiling.
Head-of-household/family exemptionNo family-status addition to the ordinary § 28 formula. The separate state-tax levy exemption includes $25 for each qualifying dependent (c. 62C, § 55A(d)(1)).
Multiple garnishments at onceC. 246, § 8 permits renewed service on a trustee; it does not rank competing wage claims. C. 223, § 125 ranks bond proceeds from attached personal property, not wages. Support trustee process follows c. 208, § 36A.
Protection from being firedFederal 15 U.S.C. § 1674 bars discharge over garnishment for one debt. Massachusetts c. 208, § 36A(5) separately bars discharge, suspension, or discipline because of support-order trustee process.

Requirements one by one

Governing law

Ordinary wage trustee process is tied to a judgment. Chapter 246, § 32 (Eighth) also requires advance written judicial permission endorsed on the complaint. Section 28 supplies the wage exemption and separately addresses pensions.

Maximum that can be garnished

Section 28 reserves “the greater of 85 per cent of the debtor's gross wages or 50 times the greater of the federal or the Massachusetts hourly minimum wage” each week. Thus, at most 15% of gross pay, or the amount above the 50-times floor, is available. The federal 25%-of-disposable-earnings limit still applies (15 U.S.C. § 1673(a)).

Minimum-wage protected floor

The current Massachusetts minimum hourly wage is $15 under c. 151, § 1. Its 50-times weekly floor is therefore $750 of gross wages. Section 28 uses the higher state or federal hourly wage if either rate changes.

Support, tax, and student-loan debts

Section 28 expressly excludes proceedings to satisfy divorce, separate-maintenance, or child-support orders. For those proceedings, federal support limits replace the ordinary state formula: 50% or 60% of disposable earnings, rising to 55% or 65% for qualifying older arrears (15 U.S.C. § 1673(b)). A support court may issue trustee process under c. 208, § 36A after finding other domestic collection remedies exhausted or ineffective.

A state-tax levy under c. 62C, § 53 uses its own wage exemption: $75 per week plus $25 for each dependent meeting § 55A(d)(1)'s conditions. Federal student-loan administrative garnishment has a separate 15%-of-disposable-pay ceiling (20 U.S.C. § 1095a(a)(1)).

Pension exemption

Section 28 also reserves pension assets from ordinary attachment, “except as otherwise permitted by law.” Its pension definition has a limit for certain deposits to an individual-maintained plan during the five years before bankruptcy or judgment that exceed 7% of income for that period. Support orders are expressly outside § 28's exemption.

Multiple garnishments at once

Chapter 246, § 8 permits a plaintiff to serve the same trustee again and treats the new service as effective. Chapter 223, § 125 ranks proceeds from bonds that release attached personal property; it does not prescribe a wage trustee priority. A support-order trustee process follows c. 208, § 36A and a court-set payment amount.

Protection from being fired

Federal § 1674 bars discharge because earnings were garnished for one debt. Chapter 208, § 36A(5) additionally prohibits discharge, suspension, or discipline because an employee was trusteed for support, and provides compensation for lost pay and benefits.

What trips people up

The state percentage uses gross wages; the federal percentage uses disposable earnings. Apply both ceilings to their own bases. Also, a pension exemption under § 28 is subject to the statute's express support-order and recent-deposit limits.

Common questions

Can a creditor start wage trustee process before obtaining a judgment? Chapter 246, § 32 (Eighth) requires an action brought on a judgment and advance judicial permission endorsed on the complaint.

Does having a dependent raise the ordinary wage floor? Section 28 uses the same wage formula regardless of dependents. The $25 dependent increment in c. 62C, § 55A(d)(1) belongs to the separate state-tax levy.

Statutes and sources

  • M.G.L. c. 246, § 28 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter246/Section28 (accessed 2026-10-07)
  • M.G.L. c. 246, § 28 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter246/Section28 (accessed 2026-10-07)
  • M.G.L. c. 246, § 32 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter246/Section32 (accessed 2026-10-07)
  • M.G.L. c. 208, § 36A(5) — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section36A (accessed 2026-10-07)
  • M.G.L. c. 208, § 36A(1) — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section36A (accessed 2026-10-07)
  • M.G.L. c. 223, § 125 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter223/Section125 (accessed 2026-10-07)
  • M.G.L. c. 62C, § 53(a) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter62C/Section53 (accessed 2026-10-07)
  • M.G.L. c. 62C, § 55A(d)(1) — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter62C/Section55A (accessed 2026-10-07)
  • M.G.L. c. 151, § 1 — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1 (accessed 2026-10-07)
  • 15 U.S.C. § 1673(a) — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-07)
  • 15 U.S.C. § 1673(b) — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-07)
  • 20 U.S.C. § 1095a(a)(1) — https://www.govinfo.gov/content/pkg/USCODE-2024-title20/html/USCODE-2024-title20-chap28-subchapIV-partG-sec1095a.htm (accessed 2026-10-07)
  • 15 U.S.C. § 1674 — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-07)
  • M.G.L. c. 246, § 28 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter246/Section28 (accessed 2026-10-07)
  • M.G.L. c. 246, § 8 — https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter246/Section8 (accessed 2026-10-07)

Source links

Every statute quoted above, linked, with the date we checked it.

M.G.L. c. 246, § 28 · accessed 2026-10-07
M.G.L. c. 246, § 28 · accessed 2026-10-07
M.G.L. c. 246, § 32 · accessed 2026-10-07
M.G.L. c. 208, § 36A(5) · accessed 2026-10-07
M.G.L. c. 208, § 36A(1) · accessed 2026-10-07
M.G.L. c. 223, § 125 · accessed 2026-10-07
M.G.L. c. 62C, § 53(a) · accessed 2026-10-07
M.G.L. c. 62C, § 55A(d)(1) · accessed 2026-10-07
M.G.L. c. 151, § 1 · accessed 2026-10-07
15 U.S.C. § 1673(a) · accessed 2026-10-07
15 U.S.C. § 1673(b) · accessed 2026-10-07
20 U.S.C. § 1095a(a)(1) · accessed 2026-10-07
15 U.S.C. § 1674 · accessed 2026-10-07
M.G.L. c. 246, § 28 · accessed 2026-10-07
M.G.L. c. 246, § 8 · accessed 2026-10-07
This page is general legal information about how a state limits ordinary wage garnishment, not legal advice about your paycheck or your debt. Which cap applies, whether you qualify for a head-of-household or other exemption, and how multiple garnishments interact often depend on case-specific facts (your dependents, your pay structure, what other orders already exist) that this page cannot resolve for you. Verified against the official statute text on the date shown; confirm current law or consult a licensed attorney in the state before relying on it.

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