Maryland Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint

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Multi-State
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US-02686BG
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Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


" the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;

" the presence of material issues of fact;

" the presence of a meritorious defense to the claim;

" the significance of the interests at stake, including, but not limited to, the amount of money involved;

" whether the failure to answer was intentional or willful or the result of conscious indifference;

" whether party or counsel bears responsibility for default; and

" the availability of less drastic sanctions.

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FAQ

File a Notice of Intention to Defend (Md. Give a brief reason why you do not agree with the claim. You will have the opportunity in court to explain and give more details. You have 15 days from the date that you receive the summons to file this notice with the court.

There are four ways to open a bank account that no creditor can touch: (1) use an exempt bank account, (2) establish a bank account in a state that prohibits garnishments, (3) open an offshore bank account, or (4) maintain a wage or government benefits account.

You can file a motion to revise or vacate (cancel) the judgment in writing within 30 days after the date of the judgment. This motion is usually filed to correct clerical errors, or to vacate a judgment if you believe that you were not served with the court papers or were not notified of the court date.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

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.

Maryland is a consumer-friendly state. The statute of limitations allows a creditor three years to collect on debts. That's a shorter timeframe than many states. There also are limits on how long a debt collector has to collect on a debt.

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.

You may request an exemption to the garnishment. You must make your request within 30 days of when the garnishment was served on the bank. Use the form Motion for Release of Property from Levy/Garnishment (DC-CV-036).

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Maryland Motion to Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ of Garnishment, and for Leave to File an Answer to Complaint