Montana Wage Garnishment: Limits, Process, and What Creditors Need to Know
How Wage Garnishment Works After a Montana Judgment
Winning a small claims judgment in Montana does not mean the money shows up in your account. If the debtor ignores the judgment, wage garnishment is one of the most reliable ways to collect — assuming they have steady employment.
The process starts at the Justice Court clerk's office. You request a Writ of Execution, then deliver it along with a completed Praecipe (written instructions) to the Sheriff's Civil Division in the county where the debtor's employer is located. The Praecipe must include the employer's name, address, and payroll contact. The sheriff serves the employer with a Notice of Levy, and withholding begins from the next pay period.
Under MCA § 25-13-402(6)(a), a wage levy stays in effect for 120 days from the date the employer is served, or until the judgment is fully satisfied — whichever comes first. If the debt is not paid off within 120 days, you will need to request a new writ and start the process again.
Montana Wage Garnishment Limits
Montana follows both state and federal garnishment caps, and the debtor keeps whichever formula protects more of their paycheck.
Under MCA § 25-13-614(2) and the federal Consumer Credit Protection Act, the maximum you can garnish per pay period is the lesser of:
- 25% of disposable earnings, or
- The amount by which disposable earnings exceed 30 times the federal minimum wage ($7.25/hour × 30 = $217.50 per week)
Disposable earnings means gross pay minus legally required deductions, including federal and state income tax, FICA, Medicare, and statutory retirement contributions. Voluntary deductions like health insurance premiums or union dues do not count.
Here is what that looks like at common pay frequencies:
| Pay Period | Exempt Floor | Maximum Garnishment |
|---|---|---|
| Weekly | $217.50 | Lesser of 25% or amount over $217.50 |
| Bi-weekly | $435.00 | Lesser of 25% or amount over $435.00 |
| Semi-monthly | $471.25 | Lesser of 25% or amount over $471.25 |
| Monthly | $942.50 | Lesser of 25% or amount over $942.50 |
If a debtor's disposable earnings fall below the exempt floor for a given pay period, the employer withholds nothing.
Calculating the Garnishment on a Real Paycheck
Say the debtor earns $3,200 gross per month. After required deductions (federal tax, state tax, FICA, Medicare), their disposable earnings come to about $2,480.
- 25% of $2,480 = $620
- $2,480 minus $942.50 = $1,537.50
The garnishment is the lesser amount: $620 per month. On a $5,000 judgment accruing 10.5% annual interest, that monthly collection starts making real progress — though full satisfaction can still take several months depending on accrued costs and interest.
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What Happens After the Sheriff Serves the Employer
The employer calculates the withholding each pay period using the formulas above and sends the funds to the sheriff within five days. The sheriff holds levied funds for 10 days (excluding weekends and holidays) under MCA § 25-13-402(4) to give the debtor time to claim an exemption. If no exemption claim is filed, the sheriff remits the money to you and files a Return of Execution with the court.
The debtor can claim exemptions — for instance, if their income consists entirely of Social Security or VA benefits (100% exempt under MCA § 25-13-608), or if the garnishment would push their take-home below the exempt floor. You will receive notice of any exemption claim and can appear at the hearing to contest it.
Tips for a Smooth Garnishment
Get the employer details right. A vague Praecipe ("works at a restaurant in Billings") will not get served. You need the employer's legal name, street address, and ideally the payroll or HR contact. A debtor examination under MCA § 25-14-101 can compel this information if you do not already have it.
Track the 120-day window. Mark the date the employer was served and calendar the expiration 120 days out. If the judgment is not satisfied by then, file for a new writ promptly.
Account for priority. If another creditor already has an active garnishment on the debtor's wages, yours waits in line — Montana prioritizes by date and time of service on the employer. Multiple garnishments cannot exceed the statutory caps.
Get the Full Collection Toolkit
Wage garnishment is one of several enforcement tools available after a Montana small claims judgment. The complete process — from the 10-day appeal waiting period through writs, bank levies, property seizure, and filing the final Satisfaction of Judgment — is mapped out step by step in our Montana Judgment Collection Guide.
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Download the Montana Small Claims Collection Checklist — a printable guide with checklists, scripts, and action plans you can start using today.