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Have you been threatened with one or the other? If so, you know how frustrating it can be. Wage garnishments are a frequent tool both the IRS and the State of Maryland use to collect back taxes or tax liabilities. But these levies and liens can cause real pain for those who are subject to them.
If the debt isn't paid, the creditor may be able to seize the property. The creditor may also be able to sell the property to satisfy all or part of the debt. A judgment for money is a lien for the amount of the judgment and post-judgment interest.
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.
You may be able to stop wage garnishment by negotiating with the creditor. If this is not possible and you feel the judgement was incorrect you may be able to object to or challenge the garnishment.
After you obtain a judgment, you file a Request for Writ of Garnishment of Wages (DC-CV-065). To complete the form, you need to know the name and address of the debtor's employer, the amount of the judgment and any additional money owed (such as court costs and interest.)
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.)
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.)
For more information on filing a claim see Collecting a Judgment. A garnishment proceeding determines whether the debtor has any assets that can be used to pay a judgment. Once a judgment has been entered, the creditor can collect what is owed. Judgments are enforceable in Maryland for 12 years and they can be renewed.