Montana Wage Garnishment Laws

Montana wage garnishment laws limit the amount that judgment creditors can take from your paycheck.

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Montana law limits the amount that a creditor can garnish (take) from your wages for repayment of debts. The Montana wage garnishment laws (also called wage attachments) protect the same amount of wages as the federal wage garnishment laws. For the most part, creditors with judgments can take only 25% of your wages. However, creditors for certain other types of debts can take more.

Read on to learn about wage garnishment law in Montana.

What Is a Wage Garnishment?

A wage garnishment or wage attachment is an order from a court or a government agency that is sent to your employer. It requires your employer to withhold a certain amount of money from your paycheck and then send this money directly to your creditor.

Different garnishment rules apply to different types of debt -- and there are legal limits on how much of your paycheck can be garnished.

To learn more about how wage garnishments work, how to object to a wage garnishment, and more, see our Wage Garnishments & Attachments topic.

When Can a Creditor Garnish Your Wages in Montana?

Most creditors cannot get a wage garnishment order until they have first obtained a court judgment stating that you owe the creditor money. For example, if you are behind on credit card payments or owe a doctor’s bill, those creditors cannot garnish your wages (unless they sue you and get a judgment).

However, there are a few exceptions to this rule. Your wages can be garnished without a court judgment for:

  • unpaid income taxes
  • court ordered child support
  • child support arrears, and
  • defaulted student loans.

Limits on Wage Garnishment in Montana

There are limits to how much money can be garnished from your paycheck. The idea is that you should have enough left to pay for living expenses.

Federal law places limits on wage garnishment amounts. While states are free to impose stricter limits, Montana has not done so. Instead, Montana’s law protects the same amount as federal law. Here are the rules:

Both 15 U.S.C. §1673 and Montana Code Annotated 25-13-614 state that your creditors can garnish the lesser of:

  • 25% of your disposable earnings for that week, or
  • the amount by which your disposable earnings for the week exceed 30 times the federal minimum hourly wage (currently $7.25/hour) in effect at the time the earnings are payable.

“Disposable earnings” are those wages left after your employer has made deductions required by law.

Example. You take home $500 per week after taxes are deducted. 25% of your disposable earnings equal $125 and your disposable earnings less 30 times the federal minimum wage is $282.50. Your creditor can garnish $125 per week to repay your debt.

Special Limits for Child Support, Student Loans, and Unpaid Taxes

If you owe child support, student loans, or taxes, the government or creditor can garnish your wages without getting a court judgment. The amount that can be garnished is different too.

In Montana, garnishments of different types are given different precedence. Internal Revenue Service (IRS) tax levies and child support are garnished first, student loans second, and state tax levies and other creditor garnishments are taken third.

Child Support

Since 1988, all court orders for child support include an automatic income withholding order. The other parent can also get a wage garnishment order from the court if you get behind in child support payments. (To learn about income withholding orders and other ways child support can be collected, see Child Support Enforcement Obligations.)

Federal law limits what can be taken from your paycheck for this type of wage garnishment. Up to 50% of your disposable earnings may be garnished to pay child support if you are currently supporting a spouse or a child who isn't the subject of the order. If you aren't supporting a spouse or child, up to 60% of your earnings may be taken. An additional five percent may be garnished for support payments over 12 weeks in arrears. (Learn more about wage garnishment for child support arrears.)

Student Loans in Default

If you are in default on a federal student loan, the U.S. Department of Education or any entity collecting for this agency can garnish your wages without first getting a court judgment – this is called an administrative garnishment. The most that the Department of Education can garnish is 15% of your disposable income, but not more than 30 times the minimum wage. To learn more, see the articles in Student Loan Debt.

Unpaid Taxes

The federal government can garnish your wages if you owe back taxes, even without a court judgment. The amount it can garnish depends on how many dependents you have and your deduction rate.

States and local governments may also be able to garnish your wages to collect unpaid state and local taxes. Contact your state labor department to find out more. (You will find a link to your state labor department below.)

Total Amount of Garnishment

If you have more than one garnishment, the total amount that can be garnished is limited to 25%. For example, if the federal government is garnishing 15% of your income to repay defaulted student loans and your employer receives a second wage garnishment order, the employer can only take another 10% of your income to send to the second creditor.

Restrictions on Job Termination Due to Wage Garnishments

Complying with wage garnishment orders can be a hassle for your employer; some might be inclined to terminate your employment rather than comply with the order. State and federal law provides some protection for you in this situation.

According to federal law, your employer cannot discharge you if you have one wage garnishment. However, federal law won’t protect you if you have more than one wage garnishment order.

For More Information on Montana Wage Garnishment Laws

To find more information about wage garnishment limits in Montana, including the procedures that employers must follow in carrying out wage garnishment orders, check out the website of the Montana Department of Labor and Industry at http://dli.mt.gov.

To learn more about how wage garnishments work, how to object to a wage garnishment, and more, see our Wage Garnishments & Attachments topic.

by: , Attorney

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