Federal stimulus payments began arriving in many Americans’ bank accounts this week, and creditors but debt collectors will not be able to seize those funds from Massachusetts residents, according to the state attorney general.
Attorney General Maura Healey issued guidance this week that these funds released to individuals and families through the CARES Act are exempt under Massachusetts law from seizure or garnishment by creditors.
Healey also signed a letter with more than 20 other state attorneys general asking the U.S. Treasury Department to protect the payments from debt collectors.
“These payments are supposed to help individuals and families put food on the table during this crisis, not enrich debt collectors,” Healey said in a statement. “With this guidance and letter, my office is putting the debt collection industry on notice that these payments are off limits.”
Massachusetts law exempts certain income and property from debt collection by creditors. The law’s purpose is to ensure individuals have enough income to provide for basic necessities, including housing, food and utilities.
Under the CARES Act, eligible individuals and families will receive a one-time refundable tax credit of up to $1,200 for each individual or $2,400 for eligible individuals filing a joint tax return, plus an additional $500 for each dependent child.
Individuals with higher incomes will receive lower or no payments.
According to the guidance, any attempt or threat by a creditor or a debt collector to garnish or seize these funds violates the AG’s Debt Collection Regulations and the AG’s Emergency Debt Collection Regulations, which were issued on March 27 to prohibit new garnishments during an emergency period.
The guidance does not apply to actions taken by the Massachusetts Department of Revenue, including collection of past due child support.
The CARES Act exempted payments from debt collection owed to certain federal and state agencies but not to private debt collection.