Stop Wage Garnishment in Massachusetts: Know Your Rights
Massachusetts creditors can garnish 15% of your gross wages after obtaining a judgment. You can prevent garnishment by settling your debt before court or paying the judgment immediately. If you're already facing garnishment, bankruptcy may provide relief, but consider the long-term credit consequences carefully.
Settle Your DebtAre creditors demanding payment you can’t afford? Ignoring them puts you at serious risk.
Creditors may sue you for unpaid debts. If they win, they can garnish your Massachusetts wages. You can prevent this by acting fast.
Stop Wage Garnishment Before It Starts
Creditors move fast after winning a judgment. Settle your Massachusetts debt now before garnishment reaches your employer. Our partner Solo negotiates directly with creditors to resolve your debt for less.
Negotiate Settlement NowOur partner Solo helps you settle debt before it reaches court.
How Massachusetts Wage Garnishment Works
Massachusetts law limits how much creditors can take from your paycheck. Creditors who obtain a judgment against you can garnish the lesser of:
- 15% of your gross weekly wages
- Your disposable income minus 50 times the state or federal minimum wage (whichever is higher)
Your gross wages equal your entire salary before taxes and withholdings. Massachusetts uses this figure, not your net pay.
The current Massachusetts minimum wage is $15.00 per hour. The federal minimum wage is $7.25 per hour. Authorities compare both calculations and garnish the lesser amount.
Real Example of Massachusetts Wage Garnishment
Harriet owes $2,500 for an unpaid CarMax loan. CarMax sues her in Massachusetts and wins a judgment. They use it to garnish her wages.
Harriet earns $1,250 weekly in gross wages. CarMax can take 15% of her weekly income, or $187.50. That’s the lesser amount since $1,250 minus (50 × $15) equals $500. The garnishment continues for 14 weeks until the debt is paid.
Prevent a Judgment Against You
You can avoid wage garnishment by staying current with creditors. They typically only sue when you stop communicating entirely.
If you’re a few months behind, most creditors will negotiate. They may waive late fees or reduce interest to get you back on track. Ignoring their calls and letters triggers legal action.
Once a creditor decides to sue, you have options. The best choice is repaying the debt immediately. Payment prevents judgment and protects your wages.
Settle Your Debt Before Court
Can’t afford full repayment? Consider a debt settlement.
In a settlement, you offer a lump sum for less than the full amount. In exchange, the creditor forgives the remaining balance and drops the lawsuit. The more you offer, the more likely they’ll accept.
Creditors prefer settlements because they collect most of the debt immediately. They also avoid court costs and garnishment administration.
Our partner Solo specializes in negotiating settlements with creditors and debt collectors.
You Already Have a Judgment: What Now?
After winning a judgment, creditors move quickly to garnish wages. You have just a few weeks before your employer starts withholding pay.
You can still prevent garnishment by repaying the full debt immediately. At this stage, creditors rarely accept settlements. They want the entire amount.
Consider Bankruptcy as a Last Resort
Can’t repay the full judgment? Bankruptcy may stop the garnishment.
Bankruptcy is a serious decision with long-term consequences. It damages your credit for years, making loans and mortgages difficult to obtain. Sometimes enduring a few months of garnishment beats years of financial hardship.
However, bankruptcy makes sense if you’re drowning in multiple debts. Chapter 7 bankruptcy eliminates most unsecured debts. It gives you a fresh start to rebuild your finances.
If you’re considering bankruptcy, speak with a bankruptcy attorney for free to understand your options.
Types of Income Protected from Garnishment
Massachusetts law protects certain income sources from wage garnishment. Social Security benefits, disability payments, and veterans’ benefits are typically exempt.
Retirement accounts and pension funds also receive protection in most cases. Child support and alimony have different rules with stricter garnishment allowances.
How to Stop an Active Garnishment
If garnishment has already started, you still have options.
Pay the judgment in full to stop garnishment immediately. Your employer must cease withholding once they receive proof of payment.
File for bankruptcy to trigger an automatic stay. The stay halts all collection activities, including wage garnishment. Consult a bankruptcy attorney to determine if this option fits your situation.
Challenge the garnishment if it violates state exemptions. File a claim of exemption form with the court if protected income is being garnished.
Protect Your Future from Debt Lawsuits
Prevention beats cure when it comes to wage garnishment.
Communicate with creditors before they sue. Most prefer payment arrangements over litigation. Even small monthly payments can prevent legal action.
Respond to debt collection lawsuits immediately. Ignoring court documents guarantees a default judgment against you. Our partner Solo helps you respond to lawsuits and negotiate settlements.
Track all debt communications in writing. Keep records of payment arrangements and settlement agreements. Written documentation protects you from future disputes.
Massachusetts Debt Collection Time Limits
Creditors can’t sue forever. Massachusetts law sets time limits called statutes of limitations.
For most consumer debts, the statute of limitations is six years. After that period, creditors lose the right to sue for collection.
The clock starts when you miss your first payment. Making a payment or acknowledging the debt in writing can reset the timeline.
Don’t ignore old debts assuming they’re too old to collect. Verify the debt’s age before making decisions about payment or settlement.