Wage garnishment and exemptions in Montana

How much can they take from your paycheck in Montana?

Credit cards, medical bills and other ordinary debts, once a creditor has a judgment.

Deadline and form to protect your money in Montana

The papers from the court, your employer or your bank list the deadline to claim an exemption. Ask the court how to file the claim: Montana court self-help (official).

Your paycheck and garnishment in Montana

Wage limit

Federal limit applies: no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.

Law

Mont. Code Ann. § 25-13-614(2)

Like 17 of the 48 states we cover, Montana relies on the federal cap (15 U.S.C. 1673(a)).

In nearby states

• Idaho: 25% (federal limit)
• Wyoming: 25% (federal limit)
• South Dakota: Up to 20%
• North Dakota: Up to 25%

What creditors can't take in Montana

• Your home is protected up to the homestead limit: $350,000 in 2021, rising 4% each calendar year, with the exact figure set by Department of Revenue rule (Mont. Code Ann. § 70-32-104).
• One motor vehicle is protected up to $4,000, and household goods up to $7,000 in total (§ 25-13-609).

Good to know in Montana

• Montana's homestead limit grows 4% each year from $350,000 in 2021 (Mont. Code Ann. § 70-32-104).

Money in your bank account in Montana

Your bank must automatically protect two months of directly deposited Social Security, SSI or VA benefits (31 CFR 212.5, 212.6). How garnishment follows a lawsuit.

Child support, student loans and taxes: different limits

• Child support: up to 50% of disposable earnings if you support another spouse or child, or 60% if you don't; 5% more if the support is more than 12 weeks late (15 U.S.C. 1673(b)).
• Federal student loans: no lawsuit is needed: up to 15% of disposable pay, after at least 30 days' written notice (20 U.S.C. 1095a).
• Other debts owed to a federal agency: 15% of disposable pay at most, with the same 30-times-minimum-wage floor as other garnishments (31 CFR 285.11).
• Federal taxes: the IRS uses its own exempt amount, set by your standard deduction and dependents; give your employer the Statement of Dependents and Filing Status within 3 days (26 U.S.C. 6334(a)(9), (d); IRS wage levy rules).

The lawsuit comes first in Montana

If you do not file an answer in time, the collector can ask for a default judgment and then garnish wages or bank accounts.

The time to answer in Montana: The number of days printed on your summons. In district court it is 21 days after you are served with the summons and complaint (Mont. R. Civ. P. 12(a)(1)(A), MCA Title 25, ch. 20).

What to do if you are sued in Montana

Claiming your exemptions in Montana

1. Read every notice

   Note any deadline to claim exemptions on papers from the court, your employer or your bank; it can be short.

2. Work out what Montana protects

   Montana's wage rule: Federal limit applies: no more than 25% of disposable earnings, or the amount above 30 times the federal minimum wage per week, whichever is less.

3. Look at your bank account

   Two months of direct-deposited federal benefits must be left alone (31 CFR 212.6).

4. Ask the court to protect your money

   Get the exemption claim form from the clerk and file it in time. Start with Montana court self-help (official).

5. Get free help

   Free help in Montana: Montana DOJ Office of Consumer Protection and Montana Supreme Court – Court Help Program (free help with civil cases).

Questions about garnishment in Montana

Related Montana pages

• The full Montana guide
• Statute of limitations in Montana: 6 years
• Sued by a debt collector in Montana: date on the summons
• “Is my debt too old?” checker for Montana
• Dispute a debt and ask for proof (validation letter)
• Tell a collector to stop or limit contact
• Wage garnishment limits by state
• Guide: sued by a debt collector