Maryland Garnishment

Request for Garnishment of Property Other Than Wages

CIRCUIT COURT OF MARYLAND FOR

Located at Case No.

Plaintiff/Judgment Creditor Defendant/Judgment Debtor

SERVE ON Serve by Sheriff
Send by Restricted Delivery Mail
Return to Plaintiff to Serve.

Action in:

Attachment before Judgment
Judgment was entered herein on

THE AMOUNT NOW DUE on the Judgment is as follows:

$ Original amount of Judgment (excluding costs and attorney’s fees)

$ Less total credits

$ Net

$ Plus accrued interest on $ , at 10% for period from to

$ Plus court costs due, including Writ of Attachment

$ Plus additional accrued interest, on $ , at 10% for period from to

$ Plus Attorney’s Fees, if allowed by judgment.

$ TOTAL DUE ON JUDGMENT

Plaintiff requests that a Writ of Garnishment be directed to the Garnishee.

Phone

Writ of Garnishment on Property Other Than Wages

To the Garnishee:

You are directed to hold, subject to further proceedings, any property of the Judgment Debtor in your possession at the time of service of this Writ and all property of the Judgment Debtor that may come into your possession after service of this Writ; including any debt owed the Judgment Debtor, whether immediately payable, unmatured or contingent. Federal and State exemptions may be available to you and to the Judgment Debtor.

You must file an answer within 30 days of service of this Writ. Failure to do so may result in a judgment by default being entered against you. The Judgment Debtor has the right to contest this garnishment by filing a motion asserting a defense or objection.

NOTICE TO PERSON SERVING WRIT

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. Proof of service and mailing shall be filed with the Court promptly. (Rule 2-126).

NOTICE TO GARNISHEE

The Garnishee shall file an answer within 30 days after service of the Writ. The answer shall admit or deny that the Garnishee is indebted to the Judgment Debtor or has possession of property of the Judgment Debtor and shall: specify the amount and nature of any debt and describe any property. The Garnishee may assert any defense that the Garnishee may have to the Garnishment, as well as any defense that the Judgment Debtor could assert. After answering, the Garnishee may pay any garnished indebtedness into court and may deliver to the sheriff any garnished property, which shall be treated as if levied upon by the sheriff. A Garnishee who has filed an answer admitting indebtedness to the Judgment Debtor or possession of property of the Judgment Debtor is not required to file an amended answer solely because of an increase in the Garnishee's indebtedness to the Judgment Debtor or the Garnishee's receipt of additional property of the Debtor.

If the Garnishee fails to file a timely answer, the Judgment Creditor may proceed pursuant to Rule 2-613 for a judgment by default against the Garnishee.

If the Garnishee files a timely answer, the matters set forth in the answer shall be treated as established for the purpose of the Garnishment proceeding unless the Judgment Creditor files a reply contesting the answer within 30 days after its filing. If a timely reply is not filed, the Court may enter the judgment upon request of the Judgment Creditor, the Judgment Debtor, or the Garnishee. If a timely reply is filed to the answer of the Garnishee, the matter shall proceed as if it were an original action between the Judgment Creditor as Plaintiff and the Garnishee as Defendant and shall be governed by the rules applicable to civil actions.

NOTICE TO JUDGMENT DEBTOR CONCERNING EXEMPTIONS

As a result of the judgment entered against you, the bank or other person holding your money or property has been ordered by this Court to hold your money or property subject to further order of the Court. You may be entitled to claim an exemption of all or part of your money or property, but in order to do so you must file a motion with the court as soon as possible. If you do not file a motion within 30 days of when the Garnishee was served, your property may be turned over to the Judgment Creditor. You may include in your motion a request for a hearing. If you file a motion claiming an exemption, the Court will hear or decide your claim for exemption within 14 days.

You have the right under Maryland Law to claim an exemption of certain kinds of personal property such as: wearing apparel, books, tools, instruments or appliances in an amount not to exceed $2,500, necessary for the practice of any trade or profession except those kept for sale, lease or barter; money payable in the event of sickness, accident, injury or death of any person including compensation for loss of future earnings (however, disability income benefits are not exempt if the judgment is for necessities contracted for after the disability is incurred); professionally prescribed health aids for the debtor or dependent of the debtor; debtor's interest, not to exceed $500 in value, in household furnishings, household goods, wearing apparel, appliances, books, animals kept as pets, and other items that are held primarily for the personal, family or household use of the debtor or any dependent of the debtor. IN ADDITION, WITHIN THIRTY DAYS AFTER THE DATE OF SERVICE OF THE WRIT OF GARNISHMENT ON THE BANK OR OTHER PERSON HOLDING YOUR MONEY OR PROPERTY, YOU MAY ELECT TO EXEMPT A TOTAL OF $3,000.

(This exemption does not apply to an Attachment before Judgment.)

You may be entitled to claim an exemption under Maryland Law of certain money such as: benefits under state public assistance programs; employee pensions; teacher's retirement pensions; unemployment insurance benefits; worker's compensation; pension benefits for state police; benefits from a fraternal benefit society; and proceeds from life insurance or annuity contracts.

Also, you may be entitled to claim an exemption under federal law of certain money such as: Social Security disability benefits; Supplemental Security Income benefits; annuity payments based on retired or retainer pay from the Armed Forces; Civil Service retirement and disability funds; annuities to widows and surviving dependent children of judges; federal worker's compensation; and federal retirement pensions.

YOU MAY ALSO BE ENTITLED TO PROTECT OTHER MONEY OR PROPERTY NOT MENTIONED ABOVE.

TO PROTECT YOUR RIGHTS FULLY, IT IS IMPORTANT THAT YOU ACT PROMPTLY.

IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT A LAWYER.