Maryland Procedural Requirements for Wage Garnishment

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Maryland Procedural Requirements

A judgment creditor may obtain discovery to aid enforcement of a money judgment by use of depositions, interrogatories, and requests for documents. On request of a judgment creditor, filed no earlier than 30 days after entry of a money judgment, the court where the judgment was entered or recorded may issue an order requiring the appearance for examination under oath before a judge or examiner of any person if the court is satisfied by affidavit or other proof that it is probable that the person has property of the judgment debtor, is indebted for a sum certain to the judgment debtor, or has knowledge of any concealment, fraudulent transfer, or withholding of any assets belonging to the judgment debtor. The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in the person served being held in contempt. The order shall be served in the manner provided by Rule 2121. Maryland. R. 2633 [1].

The judgment creditor may obtain an issuance of a writ of garnishment by filing in the same action in which the judgment was entered a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of the judgment debtor, and (4) the name and address of the garnishee.

Upon the filing, the clerk shall issue a writ of garnishment directed to the garnishee. The writ of garnishment shall: contain the information in the request, the name and address of the person requesting the writ, and the date of issue, direct the garnishee to hold the property of the judgment debtor subject to further proceedings, notify the garnishee of the time within which the answer must be filed and that failure to do so may result in judgment by default against the garnishee, notify the judgment debtor and garnishee that federal and Statutee exemptions may be available, notify the judgment debtor of the right to contest the garnishment by filing a motion asserting a defense or objection.

The writ shall be served on the garnishee in the manner provided by Chapter 100 for service of process to obtain personal jurisdiction and may be served in or outside the county. Promptly after service upon the garnishee, the person making service shall mail a copy of the writ to the judgment debtor's last known address. The judgment creditor may serve interrogatories directed to the garnishee pursuant to Rule 2421.

The interrogatories shall contain a notice that, unless answers are served within 30 days after service of the interrogatories or within the time for filing an answer to the writ, whichever is later, the garnishee may be held in contempt of court. The interrogatories shall also inform the garnishee that the garnishee must file a notice with the court pursuant to Rule 2401(c) at the time the answers are served. Maryland. R. 2645. Service of process may be made by delivery to the person or by mailing to the person by certified mail requesting: "Restricted Delivery show to whom, date, address of delivery." Maryland. R. 2121.

Service of process may be made by a sheriff or, by a competent private person, 18 years of age or older, including an attorney of record, but not a part to the action. Maryland. R. 2123. Note: A garnishment against property held in bank, trust company, savings bank or savings and loan by husband and wife jointly is not valid unless both are judgment debtors, and garnishment against such property held by one party in trust for another is not valid unless both are judgment debtors. Maryland. Code Ann., Courts _ 11603.

Interest Rate at which Judgments Accrue

Judgments and decrees generally bear interest at 10% from rendition. Money judgments for loan debt not secured by realty may carry contract rate until originally scheduled maturity date. Maryland. Code Ann., Courts __ 11106, 11107, 11301. ( These are circuit court rules only, but district court rules are nearly identical. )