Maryland Garnishment Rules

State:
Maryland
Control #:
MD-01800BG
Format:
Word; 
Rich Text
Instant download

Description

The document outlines the Maryland garnishment rules applicable in Circuit Court cases regarding the collection of judgments. It provides a Request for Garnishment of Property Other than Wages, allowing judgment creditors to seek the garnishment of a debtor's property held by a third party, known as the garnishee. Key features include details about the original judgment amount, deductions for credits, accrued interest, court costs, and potential attorney's fees. The form offers specific instructions for serving the garnishee and mandates an answer within 30 days of service to avoid default judgments. Target users, including attorneys, paralegals, and legal assistants, can use this form to initiate garnishment actions effectively, aiding in the recovery of debts owed to clients. It also informs judgment debtors of their rights to claim exemptions, such as those related to personal property and various government benefits, underscoring the importance of immediate action if a garnishment is served. By using clear language and structured sections, the form promotes user understanding and compliance within Maryland's legal framework.
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  • Preview Request for Garnishment of Property Other than Wages
  • Preview Request for Garnishment of Property Other than Wages
  • Preview Request for Garnishment of Property Other than Wages

How to fill out Maryland Request For Garnishment Of Property Other Than Wages?

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FAQ

Federal law limits the amount of earnings that may be garnished to 25 percent of the debtor's disposable income. (Disposable earnings are the amount of earnings left after legally required deductions e.g., federal, state taxes, Social Security, unemployment insurance and medical insurance.)

A creditor may not garnish more than 25% of your wages per pay period. For individuals earning minimum wage or near minimum wage, you must be left with an amount equal to 30 times the Maryland minimum hourly wage.

A creditor who obtains a judgment against you is the "judgment creditor." You are the "judgment debtor" in the case. A judgment lasts for 12 years and the plaintiff can renew the judgment for another 12 years.

10 days following the judgment, the creditor becomes a judgment creditor and can begin the wage garnishment process. Under Md. Rules 3-646 and 2-646, the judgment creditor must file a Request for Writ of Garnishment in the case, which once issued is served upon the judgment debtor's last known address.

Maryland's wage garnishment laws say that the amount a creditor can take from your weekly earnings is whichever of these two amounts is less: 25% of your weekly disposable earnings; or. (Your weekly disposable earnings) minus (Maryland's minimum hourly wage, multiplied by 30).

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Maryland Garnishment Rules