Wage Garnishment for a Massachusetts Small Claims Judgment

How Wage Garnishment Works After a Judgment

Wage garnishment — called trustee process when targeting wages in Massachusetts — lets you collect your judgment directly from the debtor's paycheck. Instead of relying on the debtor to send you payments, their employer withholds a portion of each paycheck and remits it to satisfy the judgment.

This runs through G.L. c. 246. You file a motion for leave to serve a trustee process summons on the debtor's employer, the court approves it, an officer serves the employer, and the employer begins deducting from the debtor's wages each pay period.

The Massachusetts Garnishment Formula

Massachusetts wage protections are more generous to debtors than federal law. Under G.L. c. 246, § 28, the maximum that can be garnished is the lesser of:

• 15% of weekly gross wages, or
• The amount by which weekly gross wages exceed $750

That $750 floor comes from multiplying the state minimum wage ($15/hour) by 50. Anyone earning $750 per week or less in gross pay is fully exempt — you can't garnish a dollar.

Here's how the math plays out at different income levels:

Federal law (15 U.S.C. § 1673) sets a lower protection floor — 75% of disposable earnings or 30 times the federal minimum wage ($217.50/week), whichever is greater. But because federal law defers to whichever standard protects more of the debtor's wages, the Massachusetts formula always controls for state-court judgments.

Steps to Set Up Wage Garnishment

1. Identify the employer. The debtor's Financial Statement (Form TC0098) from the payment review hearing should list their employer. If it doesn't, testimony at the hearing or public records may reveal where they work.

2. File a motion. File a motion with the court for leave to serve a trustee process summons on the employer. The debtor must receive notice.

3. Court approval. A judge reviews and authorizes the garnishment.

4. Serve the employer. A deputy sheriff or municipal constable serves the Trustee Process Summons on the employer on or before a payday. Service timing matters — serve before the pay period ends to catch that cycle's wages.

5. Employer files a Trustee Answer. The employer has 20 days to file a sworn answer with the court disclosing the debtor's wage structure.

6. Deductions begin. Once ordered, the employer withholds the non-exempt portion each pay period and remits funds to satisfy the judgment until the debt is fully paid.

Limitations to Know

• Public employees of the Commonwealth are exempt from trustee process under sovereign immunity, unless a specific statute provides consent
• Tips and commissions count as wages and are subject to the same garnishment formula
• The debtor can move. If they change jobs, you need to identify the new employer and serve a new summons — the garnishment order doesn't follow them automatically
• Multiple garnishments. If another creditor already has a garnishment in place, there are priority rules. Your garnishment may need to wait until the first one is satisfied, and total deductions can't exceed statutory limits

Costs

The filing fee for supplementary process is $45 ($30 filing plus $15 surcharge). Officer service on the employer runs $30 to $75 plus mileage. The court may add necessary post-judgment service costs to the judgment under Rule 7B(f), then collect them under its order.

Compared to one-time bank attachment, wage garnishment provides a steady payment stream that continues until the judgment is satisfied. It works best when the debtor has stable employment with earnings above the $750 weekly floor.

The complete Massachusetts judgment collection guide includes the full garnishment calculation worksheet, instructions for serving the employer, and guidance on what to do when the debtor changes jobs or claims additional exemptions.

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