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Wage Garnishment Generally
To “ garnish ” is to take property – most much a parcel of person ’ s wages – by legal authority. “ Garnishment ” is a proceeding by a creditor ( a person or entity to whom money is owed ) to collect a debt by taking the property or assets of a debtor ( a person who owes money ) .
Wage garnishment is a court procedure where a court orders a debtor ’ s employer to hold the debtor ’ s earnings in order to pay a creditor .
Garnishee : the person holding the place ( money ) of the debtor. An employer may be a garnishee because the employer holds wages to be paid to an employee ( who is a debtor ).
note : In this article, the garnishee will be an employer and the debtor will be an employee
The following processes are based on District Court Rules of Procedure. They apply if you have a sagacity in the District Court of Maryland. See Md. Rules Title 3, chapter 600. The rules for garnishing property in Circuit Court are very alike, however, there may be some differences. See Md. Rules Title 2, chapter 600. notably, the Circuit Court does not have forms for judgment creditors to use. Some Circuit Courts may allow you to use District Court forms. Others may require you to draft your own motions and requests. If you have questions about woo procedure, spill to a lawyer .
Read the Rules : Maryland Rules, Title 3, Chapter 600 ; Maryland Rules Title 2, chapter 600
Wage Garnishment Procedure
A creditor begins the engage garnishment process by filing a Request for Garnishment on Wages ( Form DC/CV65 ) with the court .
After the request is filed, the woo clerk or a evaluate signs the Request and it becomes a Writ of Garnishment. The Writ of Garnishment orders the garnishee to hold any property ( typically wages ) of the debtor that the garnishee has at the meter the Writ is filed .
The creditor must pay court fees to file the Request for Garnishment on Wages and may besides incur fees to serve the garnishee with the Writ of Garnishment. The creditor must serve the Writ of Garnishment on the garnishee via attest mail, restricted delivery, individual process, or sheriff/constable .
For more information on service of procedure see frequently Asked Questions about “ Service. ”
interest besides grows on most judgments that a debtor owes a creditor, and woo fees and costs may be added to the sagacity. It ’ s a dear idea for garnishees to communicate with the creditor and the debtor to make certain the right sum of money is paid to the creditor .
Read the Law : Md. Code, Commercial Law §15-602
The garnishee must file an answer to the Writ within 30 days of being served. In it, the garnishee must indicate if the debtor is employed, his or her rate of yield, and any exist wage garnishments .
If the garnishee does not respond to the Writ of Garnishment, the garnishee may be held in contempt of court and the creditor may receive a default judgment against the garnishee .
Read the rule : Maryland Rule 3-646
After the Writ is served on the garnishee, the garnishee must determine the amount of the debtor ’ sulfur “ garnishable wages ” for each wage time period and must withhold wages as directed by the Writ until the judgment is meet, or until the motor hotel orders the garnishee to stop withholding tax. The garnishee does this by reporting and distributing to the creditor, or the creditor ’ second lawyer, the total amount of wages withheld within 15 days after the close of the debtor ’ s last pay period .
If the garnishee receives another garnishment, it must follow the same procedure, but, it should not pay a subsequent creditor until the first garnishment is paid in entire. Once the first gear garnishment is wholly paid, the adjacent one will go into effect. frankincense, if there are multiple garnishments, then the beginning one must be satisfied in full before any late garnishments are paid.
Read the law : Md. Code, Commercial Law § 15-603
Creditors who receive wage garnishments from a garnishee, must first apply payments to accrued interest on the judgment, then against the star sum of the judgment, and last against lawyer ’ sulfur fees and court costs assessed against the debtor. The garnishee must inform the debtor each give period of the sum withhold and the method used to determine the sum. This information can be provided on the pay nub .
Within 15 days after the end of each month that the creditor receives payment from the garnishee, the creditor must mail the garnishee and the debtor a argument listing the payments that it received and how it applied those payments to the judgment ’ randomness principal, costs, sake, and fees. This form is not filed with the motor hotel, but the creditor must keep a copy of each affirmation until 90 days after the garnishment terminates. Any party, or the court, may ask to look these statements. If you are not surely how much money the debtor still owes, ask the creditor for a copy of this affirmation .
Read the predominate : Maryland Rule 3-646
The garnishee must besides tell the court and all parties if the debtor stops working or is fired. The garnishment terminates 90 days after the end of use, unless the debtor is re-employed by the garnishee during that time period. If there is more than one garnishment, each garnishment must be paid in broad in the order it was served on the employer .
Read the rule : Maryland Rule 3-646
A garnishee may not fire or dismiss a debtor simply because the employee ’ sulfur wages are being garnished .
federal law limits the measure of earnings that can be garnished to 25 percentage of the debtor ’ south disposable income. disposable income is the sum of earnings award after legally want deductions ( e.g. union or state taxes, Social Security, unemployment, aesculapian indemnity. ) For debtors earning near minimal wage, the debtor must be left with an sum adequate to 30 times the federal minimum hourly engage. This rule does not necessarily apply for collection of child defend or past due child support .
Read the law : 15 United States Code 1673
If the garnishee fails to comply with the law, he or she may be cited for contempt of woo and assessed lawyer ’ second fees and court cost .
If the creditor fails to comply with the provisions of the jurisprudence, the garnishment may be dismissed and creditor may be assessed lawyer ’ south fees and costs .
Defenses by Garnishee
A garnishee can oppose the garnishment by filing a motion with the Court. A garnishee is not required to turn over property that is not in its self-control, or to collect from the debtor/employee any tips that have been paid directly to the employee by the employer ’ s customers. A garnishee may besides claim that the garnishment sought by the creditor is exempt earnings that belong to the debtor. The court may release some or all of the property if the judgment has been vacated, has expired, or has been satisfied, if property is nontaxable, or if the creditor fails to comply with court rules.
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Statement of Satisfaction
once the total sum is paid off, the creditor must file a written statement indicating the measure has been satisfied. If they fail to do so, then the debtor may file a apparent motion to declare that the judgment has been satisfied. If the creditor fails to comply with the provisions of the police, the garnishment may be dismissed and creditor may be assessed lawyer ’ randomness fees and costs .