Wage Garnishment in Maine
How much of your paycheck can be garnished in Maine and how to claim an exemption.
Short answer: Stricter than federal law. Wages can be garnished only after a court disclosure process (missed installment payments or failure to appear). 14 M.R.S. § 3126-A(2)-(3); 14 M.R.S. § 3127-B
| Wage garnishment limit | Stricter than federal law. Wages can be garnished only after a court disclosure process (missed installment payments or failure to appear). The weekly amount taken may not exceed the least of: 25% of disposable earnings plus exempt income; the amount by which that total exceeds 40 times the federal or Maine minimum hourly wage, whichever is higher; or total disposable earnings. The court may not order payments from someone whose only income is exempt (such as Social Security or unemployment). An employer may not fire a worker because of a garnishment order. § 3127-B: https://legislature.maine.gov/statutes/14/title14sec3127-B.html. A debt collector may not garnish wages for medical debt (32 M.R.S. § 11013(13)). |
|---|---|
| Claiming an exemption | Exemptions are raised in the District Court disclosure process, where the judge reviews the debtor's income and property before ordering payments. After an employer answers a wage withholding order, the debtor may file a motion for a hearing within 20 days of service of the employer's answer. For a bank account, the account owner may file an ex parte motion for dissolution or modification in the court that entered the judgment. Court brochure on disclosure hearings: https://www.courts.maine.gov/help/guides/collecting-money-judgment.pdf |
More Maine debt & collections
- Statute of Limitations on Debt in Maine
- How to Respond to a Debt Collection Lawsuit in Maine
- What Creditors Can't Take in Maine
- Medical Debt Protections in Maine
- All Maine debt & collections rules
FAQ
How much of my wages can be garnished in Maine?
Stricter than federal law. Wages can be garnished only after a court disclosure process (missed installment payments or failure to appear). The weekly amount taken may not exceed the least of: 25% of disposable earnings plus exempt income; the amount by which that total exceeds 40 times the federal or Maine minimum hourly wage, whichever is higher; or total disposable earnings. The court may not order payments from someone whose only income is exempt (such as Social Security or unemployment). An employer may not fire a worker because of a garnishment order.
How do I stop a garnishment or claim an exemption in Maine?
Exemptions are raised in the District Court disclosure process, where the judge reviews the debtor's income and property before ordering payments. After an employer answers a wage withholding order, the debtor may file a motion for a hearing within 20 days of service of the employer's answer. For a bank account, the account owner may file an ex parte motion for dissolution or modification in the court that entered the judgment.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.