Wage Garnishment in Montana
How much of your paycheck can be garnished in Montana and how to claim an exemption.
Short answer: Follows the federal limit: no more than the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum wage. Mont. Code Ann. § 25-13-614; § 25-13-610(2)
| Wage garnishment limit | Follows the federal limit: no more than the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum wage. Exempt earnings stay exempt for 45 days after the debtor receives them if they can be traced (for example, in a bank account). Higher limits apply to support orders. |
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| Claiming an exemption | After property or money is seized, the sheriff must serve a notice of seizure within 5 days explaining how to claim exemptions. To claim an exemption, file a written request for a hearing with the court that issued the execution, with a statement of the property claimed and why it is exempt and any supporting documents, within 10 days (excluding weekends and holidays) of receiving the notice (or of the date it was mailed). Mail copies the same day to the creditor or its attorney and to the sheriff. The court must hold a hearing within 10 days. Missing the deadline means losing the exemption claim for the seized property. |
More Montana debt & collections
- Statute of Limitations on Debt in Montana
- How to Respond to a Debt Collection Lawsuit in Montana
- What Creditors Can't Take in Montana
- All Montana debt & collections rules
FAQ
How much of my wages can be garnished in Montana?
Follows the federal limit: no more than the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum wage. Exempt earnings stay exempt for 45 days after the debtor receives them if they can be traced (for example, in a bank account).
How do I stop a garnishment or claim an exemption in Montana?
After property or money is seized, the sheriff must serve a notice of seizure within 5 days explaining how to claim exemptions. To claim an exemption, file a written request for a hearing with the court that issued the execution, with a statement of the property claimed and why it is exempt and any supporting documents, within 10 days (excluding weekends and holidays) of receiving the notice (or of the date it was mailed). Mail copies the same day to the creditor or its attorney and to the sheriff. The court must hold a hearing within 10 days. Missing the deadline means losing the exemption claim for the seized property.
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.