After a debt judgment in Montana: garnishment, bank levy, exemptions

Garnishment, bank levies and exemptions, with the deadline to claim them.

Checked against official sources: Oct 24, 2026.

Short answer

After a judgment, the creditor can ask the court to take part of your pay or freeze your bank account, but some money is exempt (protected by law). File a written request for an exemption hearing with the court that issued the execution, with a statement describing the property you claim is exempt and why, plus copies of your documents.

How long it lasts
10 years
Interest after the judgment
See the rule

How to claim an exemption in Montana

File a written request for an exemption hearing with the court that issued the execution, with a statement describing the property you claim is exempt and why, plus copies of your documents. Mail copies the same day to the creditor (or its lawyer) and the sheriff. Deadline: 10 days, not counting weekends and holidays, from when you received the notice (if handed to you) or from the date it was mailed. If you miss it, you cannot claim the exemption for that seized property. The court must hold the hearing within 10 business days.

Law: Mont. Code Ann. § 25-13-211; § 25-13-212

Count your deadline to claim an exemption

The date is counted in your browser.

Read the notice you got from the court, your bank or your employer.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Exemption claim cover letter

How long a judgment lasts in Montana

Interest after the judgment

If the contract sets an interest rate, the judgment carries that rate. Otherwise, the bank prime rate on the day judgment is entered plus 3% (prime rate set each January 1). Judgment interest may not be compounded.

How long it lasts

10 years. The creditor can enforce it (for example by a writ of execution) within 10 years, and can sue on the judgment within 10 years to get a new one.

Law: Mont. Code Ann. § 25-9-205; § 27-2-201(1)-(2); § 25-13-101

Judgment interest and how long a judgment lasts, by state

Your bank account after a judgment in Montana

The sheriff or levying officer executes on your account and must serve you a notice of seizure within 5 days (in person or by mail). The notice must tell you that you may claim an exemption and how. Exempt money such as Social Security can be claimed.

Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask.

Law: 31 CFR 212.5, 212.6

How much of your pay can be taken in Montana

The 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)

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Montana

For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more.

Law: 15 U.S.C. 1673(a)

Protecting your pay and bank in Montana

  1. Read every notice

    Deadlines to claim exemptions can be days, not weeks. Read each notice the day it comes.

  2. Collect your records

    Benefit letters and bank statements show which money is exempt.

  3. Claim your exemptions

    How it works in Montana: File a written request for an exemption hearing with the court that issued the execution, with a statement describing the property you claim is exempt and why, plus copies of your documents.

  4. Attend the hearing

    Bring your proof to the hearing if the creditor objects.

Where to get free help in Montana

Questions about collection after a judgment in Montana

How much interest does a judgment add in Montana?

If the contract sets an interest rate, the judgment carries that rate. Otherwise, the bank prime rate on the day judgment is entered plus 3% (prime rate set each January 1). Judgment interest may not be compounded.

How long does a judgment last in Montana?

10 years. The creditor can enforce it (for example by a writ of execution) within 10 years, and can sue on the judgment within 10 years to get a new one.

How much of my pay can be taken in Montana?

The 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.

Can my bank account be frozen in Montana?

The sheriff or levying officer executes on your account and must serve you a notice of seizure within 5 days (in person or by mail). The notice must tell you that you may claim an exemption and how. Exempt money such as Social Security can be claimed.

How do I protect exempt money in Montana?

File a written request for an exemption hearing with the court that issued the execution, with a statement describing the property you claim is exempt and why, plus copies of your documents. Mail copies the same day to the creditor (or its lawyer) and the sheriff. Deadline: 10 days, not counting weekends and holidays, from when you received the notice (if handed to you) or from the date it was mailed. If you miss it, you cannot claim the exemption for that seized property. The court must hold the hearing within 10 business days.

Related Montana pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources