Question 1

What is a claim of exemption in Massachusetts?

Accepted Answer

A Massachusetts claim of exemption is how you protect wages or bank funds from a garnishment, which the state calls trustee process. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. In Massachusetts you raise it at a supplementary process hearing rather than by filing a separate claim form, and the exempt share of wages is very large.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Massachusetts?

Accepted Answer

An objection challenges whether the garnishment itself is proper, such as a wrong amount, the wrong person, or a defective process. A claim of exemption accepts that the debt exists but says the specific wages or funds are legally protected. In Massachusetts you raise your exemptions at the supplementary process hearing, and you can point out a defect in the process at the same time.

Question 3

How much of my paycheck can be garnished in Massachusetts?

Accepted Answer

Under chapter 246, section 28, the greater of 85 percent of your gross wages, or 50 times the higher of the federal or Massachusetts minimum hourly wage each week, is exempt. A creditor can reach only what is left above that floor. This shields far more of your pay than the federal limit, so many paychecks cannot be garnished at all.

Question 4

How long do I have to file a claim of exemption in Massachusetts?

Accepted Answer

Massachusetts does not use a separate claim-of-exemption form with a fixed filing deadline. Instead, you claim your exemptions at a supplementary process hearing after the court summons you. Respond to that summons and appear at the hearing, because that is where a judge decides what, if anything, you must pay. Missing the hearing can lead to an adverse order.

Question 5

What income is exempt from garnishment in Massachusetts?

Accepted Answer

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. A large share of ordinary wages, the greater of 85 percent of gross wages or 50 times the applicable minimum wage, is also protected. Frozen exempt benefits in a bank account are released by claiming the exemption.

Question 6

Can I protect my wages if I support my family in Massachusetts?

Accepted Answer

Massachusetts does not add a separate head-of-household exemption, but its base wage protection is one of the strongest in the country. The greater of 85 percent of your gross wages or 50 times the higher of the federal or state minimum wage is already exempt each week. If support income comes from an exempt source like Social Security, you can claim that too at the hearing.

Question 7

Where do I file a Massachusetts claim of exemption?

Accepted Answer

Massachusetts has no separate statewide claim-of-exemption form for wages. You raise your exemptions in person at the supplementary process hearing held in the court handling the case, where you may be asked to complete a financial statement. Bring proof of your income, expenses, and any exempt sources of the money to show what is protected.

Question 8

What happens after I file a claim of exemption in Massachusetts?

Accepted Answer

At the supplementary process hearing the court examines your income, expenses, and property. You show that your wages fall within the exemption and that any funds come from protected sources. If the court finds you have no non-exempt property and cannot pay the judgment in full or by partial payments, it may dismiss the proceedings or order only what you can afford.

Massachusetts Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Massachusetts Requirements for Claim of Exemption

Massachusetts Filing Deadline and Office

Frequently Asked Questions