The Maryland Request for Writ of Garnishment of Property Other Than Wages is a legal document issued by the court to direct an employer to withhold a certain percentage of an employee’s wages for payment to a creditor. The Writ of Garnishment of Property Other Than Wages is commonly used when an employee has defaulted on a loan or other debt obligation. There are two types of Maryland Requests for Writ of Garnishment of Property Other Than Wages: the Garnishment of Earnings and the Garnishment of Non-Earnings. The Garnishment of Earnings applies to wages, salary, bonuses, or other compensation that an employee earns in exchange for services rendered. The Garnishment of Non-Earnings applies to assets owned by the employee, such as bank accounts, stocks, bonds, or other investments. In order for the court to issue a Writ of Garnishment of Property Other Than Wages, the creditor must submit a properly completed form to the court. The form must include the name of the debtor, the amount of the debt, and the name of the creditor. The court will then review the form and issue the writ if it finds that the debtor is legally obligated to pay the debt. Once the Writ is issued, the employer must comply with the order and deduct the agreed upon amount from the employee’s wages or assets.
Maryland Request for Writ of Garnishment of Property Other Than Wages
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How to fill out Maryland Request For Writ Of Garnishment Of Property Other Than Wages?
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FAQ
If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.
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. There is no such limitation on how much a creditor can garnish from a bank account or other asset.
10 days following the judgment, the creditor becomes a judgment creditor and can begin the wage garnishment process. Under Md. Rule 3-646, the judgment creditor must file a Request for Writ of Garnishment in the case, which is served upon the judgment debtor.
The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less.
If there is no further filing within 120 days after the garnishee's answer is filed, after proper notice to both you and the judgment creditor, the garnishee may file a notice of intent to terminate the writ of garnishment (Md. Rule 3-645.)
Rule 3-643 - Release of Property from Levy (a) Upon Satisfaction of Judgment. Property is released from a levy when the judgment has been entered as satisfied and the costs of the enforcement proceedings have been paid.
A Writ of Garnishment is a court order to the garnishee. It orders the garnishee to hold any property of the judgment debtor that the garnishee possesses at the time the Writ is filed. The Writ of Garnishment must be served on the garnishee via certified mail, restricted delivery, private process or sheriff/constable.
Defenses by Garnishee A garnishee can oppose the garnishment by filing a motion with the court. Additionally, if the garnishee files an answer and no further filing is made regarding the writ of garnishment within 120 days, the garnishee can file a notice of intent to terminate the writ of garnishment.