Massachusetts USLegal Guide on How to Stop Garnishment

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Multi-State
Control #:
US-GDE-02
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Description

This guide provides an overview on garnishment law and how a person can stop a garnishment. Topics covered include general information and restrictions on garnishments of wages and bank accounts, as well as alternatives for stopping enforcement of a garnishment order.

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FAQ

In Massachusetts, the most a creditor can garnish from your wages is the lesser of: 15% of your gross wages (that is, before taxes or other mandatory deductions are taken out) or. your disposable income less 50 times the greater of the federal or the Massachusetts hourly minimum wage per week.

If a debt collector already has a judgment against you, then they might attempt to garnish your wages. This is one of the most common methods of attempting to collect judgments in Massachusetts, which is also called ?trustee process.? A wage garnishment can be stopped by the filing of a bankruptcy case.

How Much Can Be Garnished from an Employee's Paycheck? 25% of the employee's disposable earnings or. The amount at which an employee's disposable earnings are greater than 30 times the federal minimum wage (meaning the current minimum wage hourly rate x 30).

In some extreme cases, a judgment may allow a creditor to take all of the money in your bank account. This can happen in instances where you have fully used your exemption on other accounts or assets.

We often get asked, how do I stop IRS wage garnishments, and what is the maximum amount the IRS can garnish from your paycheck? Generally, the IRS will take 25 to 50% of your disposable income.

How much of an employee's wages can be garnished? 25% of disposable earnings -or- The amount by which disposable earnings are 30 times greater than the federal minimum wage.

For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25% of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently ...

Who can garnish wages? Any private creditor can seek a court order to garnish your wages. This includes credit card companies, banks, mortgage companies and debt collection agencies. Garnishment can also occur when you miss alimony or child support payments.

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Massachusetts USLegal Guide on How to Stop Garnishment