The Maryland Request for Writ of Garnishment of Property Other Than Wages is a legal process used to collect a debt from a debtor. This process is an alternative to wage garnishment, which is used to deduct money from a person’s paychecks. With the Request for Writ of Garnishment, a creditor can seize a debtor’s property, such as bank accounts, investments, rental income, and other assets. There are two main types of Request for Writ of Garnishment of Property Other Than Wages forms in Maryland: the Maryland Prejudgment Writ of Garnishment and the Maryland Postjudgment Writ of Garnishment. The Prejudgment Writ is used by creditors before a judgment has been entered in the court system, while the Postjudgment Writ is used by creditors after a judgment has been entered. In order to obtain a Prejudgment Writ, the creditor must file a complaint with the Clerk of the Court in the county where the debtor resides. The complaint must include information about the debt, the debtor, and the creditor’s request for the Writ. Once the Writ is issued, the creditor must serve a copy of the Writ on the debtor, and the debtor must file an answer with the court within 30 days. For a Postjudgment Writ, the creditor must file a request with the Clerk of the Court for issuance of the Writ. After the Writ is issued, the creditor must serve a copy of the Writ on the debtor, and the debtor must file an answer with the court within 10 days. In both cases, if the debtor does not file an answer, the court can order the garnishment of the debtor’s property. The creditor can then take control of the debtor’s assets to satisfy the debt.
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.
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.)
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.
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.
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.
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.
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.
