Trustee Process: Wage Garnishment in Massachusetts Small Claims

This is one of the procedures covered in Small Claims in Massachusetts: Court, Limits, and Appeals. The hub introduces small claims as a venue; this article picks up after a plaintiff has won and walks through how to use trustee process to collect on the judgment from the defendant’s wages.

What trustee process means in Massachusetts

Most states call wage garnishment “garnishment.” Massachusetts uses the older term “trustee process.” The mechanics are similar: a court orders a third party who owes money to the defendant (the “trustee,” typically the defendant’s employer or bank) to pay that money to the judgment creditor instead.

The statutory framework is M.G.L. c. 246. Section 1 authorizes trustee process in personal actions across the Superior Court, District Court, Boston Municipal Court, and the small claims sessions of those courts. Section 28 sets the wage exemption. Other sections govern service on the trustee, the trustee’s disclosure obligations, and the timing of payments. A short overview of the underlying concept lives at the Cornell Legal Information Institute, which also tracks the federal floor that all state garnishment laws must respect.

Two things distinguish trustee process from supplementary process, which is the other main route for collecting on a small claims judgment. Trustee process attaches a specific debt, usually the next paycheck, and proceeds in the court that entered the judgment. Supplementary process, governed by M.G.L. c. 224, examines the debtor about assets generally and can result in a payment order rather than a direct attachment of wages.

The 10-day wait after a small claims judgment

A Massachusetts small claims judgment is not immediately collectible. Under the Uniform Small Claims Rules, a defendant has 10 days from receipt of notice of judgment to file an appeal for a jury trial in the District Court or Boston Municipal Court. While the appeal period runs, execution on the judgment is stayed. The federal Consumer Credit Protection Act does not displace this state-law waiting period; it only sets a ceiling on how much of an eventual paycheck can be reached once garnishment is authorized.

After the 10 days expire without an appeal, the court issues an execution: a document that authorizes the creditor to take collection steps, including applying for a trustee writ. The execution is not issued automatically in every court. Some clerks issue it on request, and some require a separate motion. Local court practice varies; the execution should not be assumed to be in hand until it is.

How much of a paycheck is protected

The wage exemption sits in M.G.L. c. 246 § 28, and it is more protective of the debtor than the federal floor set by the Consumer Credit Protection Act.

The exempt amount is the greater of two figures:

• 85% of the gross weekly wages of the defendant, or
• 50 times the greater of the federal or Massachusetts hourly minimum wage in effect at the time the wages are payable.

Only wages above the exempt amount can be reached by trustee process. The federal Consumer Credit Protection Act sets a national floor at 15 U.S.C. § 1673: the maximum subject to garnishment is the lesser of 25% of disposable earnings or wages above 30 times the federal minimum wage. Where state law is more protective, state law controls; the CFPB’s plain-language summary of wage garnishment describes this state-versus-federal preemption rule. Massachusetts is more protective for most workers, so § 28 is the operative cap.

A worked example fixes the math. As of 2026, the Massachusetts minimum wage is $15.00 per hour, so 50 times that figure is $750.00 per week. For a debtor earning $1,000 in gross weekly wages, the 85% exemption protects $850.00, and § 28 takes that as the controlling figure; only $150 is reachable. For a debtor earning $600 per week, both formulas exempt the entire paycheck, the 85% figure is $510 and the 50-times figure is $750, and the higher number controls. The federal 25% cap only starts to bind at much higher incomes than small claims creditors typically pursue.

Certain wages and benefits are entirely off-limits regardless of the formula. Public assistance benefits, Social Security, veterans’ benefits, unemployment compensation, and most retirement benefits are exempt from trustee process by separate federal and state statutes. Wages already subject to a child support order or a federal tax levy may be unavailable for general creditor garnishment because those withholdings consume the non-exempt portion first.

Applying for a trustee writ

The procedure for obtaining a writ of attachment by trustee process follows Massachusetts Rule of Civil Procedure 4.2, adapted for small claims by the Uniform Small Claims Rules. The application is made to the court that entered the judgment. The mechanics described below match the general garnishment framework used in other states; what is distinctive in Massachusetts is the terminology and the more generous wage exemption.

1. Confirm the judgment is final and identify the trustee

   The 10-day appeal period must have expired without an appeal, and the creditor needs the name and address of the trustee: usually the debtor’s current employer. Identifying the employer is the first practical obstacle, and supplementary process is often used to obtain that information when the creditor cannot find it independently.

2. File an application for the trustee writ

   The application is filed in the small claims session that entered the judgment. It identifies the trustee, the amount of the judgment, accrued interest and costs, and the basis for believing the trustee holds wages or other property of the debtor. Some courts require a separate motion; some incorporate the request into a standard execution form.

3. Pay the writ fee and obtain the issued writ

   The clerk issues the trustee writ on payment of the court’s filing fee. The original writ goes to the constable, sheriff, or process server; the creditor keeps a copy.

4. Serve the trustee

   A sheriff, constable, or other authorized process server delivers the writ to the trustee. Personal service on the employer’s registered agent or office manager is standard. Service on the debtor follows separately. Process-server fees vary by county and are typically recoverable as costs.

5. Wait for the trustee's answer

   The trustee has a fixed period, generally 20 days under Mass. R. Civ. P. 4.2(d), to file an answer disclosing whether it holds wages or other property of the debtor and in what amount. A trustee that fails to answer can be defaulted on motion.

6. Move to charge the trustee

   Once the trustee answers, the creditor moves the court to charge the trustee: the order directing the employer to pay the non-exempt portion of wages to the creditor on each pay date until the judgment is satisfied. The order continues as a wage attachment until the debt is paid or the underlying judgment expires.

A Massachusetts judgment is good for 20 years and an execution can be renewed by the court, so trustee process can continue collecting incrementally over a long period if the debtor’s income fluctuates. The wage-exemption math in § 28 is recalculated at each pay date based on the wages then earned, so the amount turned over to the creditor can change from paycheck to paycheck, while the federal 25% maximum sits as an absolute ceiling above § 28’s more protective floor.

Supplementary process as an alternative route

Many small claims creditors use supplementary process under M.G.L. c. 224 instead of trustee process, especially when the debtor’s employer is unknown. The two routes are not exclusive; a creditor can use both, sometimes simultaneously. The general concept is the same as wage garnishment elsewhere: the court compels disclosure and then orders payment.

Supplementary process begins with an application to the court that entered the judgment, asking for an order summoning the debtor to appear for examination of assets. The summons is served on the debtor. At the hearing, the judge questions the debtor under oath about employment, bank accounts, and other property. The court can then issue a payment order, a directive to the debtor to pay a set monthly amount toward the judgment, or, where the debtor has identifiable assets, can authorize the creditor to pursue a writ of execution against those assets.

A payment order under supplementary process operates independently of the wage-exemption math in § 28. The judge sets the amount based on the debtor’s ability to pay, including reasonable living expenses. A debtor who ignores a supplementary process summons can be subject to a capias warrant for civil contempt, which is enforced by arrest. This is one reason supplementary process is often the practical first step, with trustee process reserved for situations where the debtor is uncooperative and the creditor has located the employer through discovery at the supplementary hearing.