Maryland Sample Letter for Writ of Garnishment
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How to fill out Sample Letter For Writ Of Garnishment?
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FAQ
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.)
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
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.
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.
Information in the Letter Other items in the letter are how often the deductions will occur, when they will begin and how long the deductions will last. You must also include who requested the garnishment, such as a state agency, court or business, as well as information on how the employee can stop the garnishments.
If the garnishee fails to file a timely answer, the judgment creditor may proceed for a judgment by default against the garnishee (Md. Rule 3-509.) reply is not filed, the court may enter the judgment upon request of the judgment creditor, the judgment debtor, or the garnishee.
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).
Wages cannot be garnished if the judgment debtor's disposable wages are less than 30 times the State minimum hourly wage multiplied by the number of weeks during which the wages due were earned. In any event, no more than 25% of your disposable wages for a week can be garnished.
