Annotate Legal Montana Garnishment Forms For Free

Wages may be garnished and bank accounts may be levied in Montana. The judgment creditor must make sure that the process server provides a notice of seizure to the debtor, which contains a list of exemptions and explains the court process for requesting an exemption.

The wage garnishment process in Montana starts with a lawsuit. If a debt collector wins this lawsuit it's called a judgment creditor, and you'll be called the judgment debtor. The judgment creditor can obtain a writ of execution and garnish your wages.

If you receive a notice of a wage garnishment order, you might be able to protect or exempt some or all of your wages by filing an exemption claim with the court. You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

For ordinary garnishments (i.e., those not for support, bankruptcy, or any state or federal tax), the weekly amount may not exceed the lesser of two figures: 25% of the employee's disposable earnings, or the amount by which an employee's disposable earnings are greater than 30 times the federal minimum wage (currently ...

The law in Montana protects the following amounts of your wages from garnishment: No garnishment is allowed if your weekly disposable earnings are less than $217.50 per week. If your weekly disposable earnings are more than $217.50 but less than $290.00, only the amount over $217.50 can be garnished.

Act quickly to prevent wage garnishment You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.