Garnishment - Office of Consumer Protection - Montgomery for Beginners

Subjects on this page: What is a Garnishment? To "garnish" is to take residential or commercial property (most typically a portion of somebody's earnings or pay) by court order. Garnishment is a proceeding by a financial institution to gather a financial obligation by taking the residential or commercial property or properties of a debtor.  Official Info Here  or organization can be subject to garnishment.

The individual holding the property of the accused, or who is indebted to the defendant, is the. A garnishee can be a bank, a company or other individual who holds property that comes from the judgment debtor. To collect cash owed, the plaintiff must first obtain a final judgment or order against the defendant in court.

A garnishment case figures out whether the debtor has any properties that can be used to pay a judgment. Once a judgment has actually been entered, the creditor can collect what is owed. Judgments are enforceable in Maryland for 12 years and they can be restored. Interest accumulates on judgments at the legal rate of 10% or 6%.

Code Courts and Judicial Proceedings 11-107 2 common kinds of garnishment procedures are garnishment of wages and garnishment of property and possessions, like a checking account. Garnishment Treatment in District Court: the following procedures are based on Guidelines of Procedure. They apply if you have a judgment in the District Court of Maryland.

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Rules Title 3, Chapter 600. The guidelines for garnishing property in Circuit Court are extremely comparable, nevertheless, there may be some distinctions. See Md. Rules Title 2, Chapter 600. Significantly, the Circuit Court does not have types for judgment creditors to utilize. Some Circuit Courts may allow you to utilize District Court forms.

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If you have questions about court procedure, speak with a legal representative. Check out the Rules: Maryland Rules, Title 3, Chapter 600; Maryland Rules Title 2, Chapter 600 The creditor begins the garnishment process by submitting a Request with the court. There is a fee to file the Request. After the Demand is filed, the court clerk or a judge signs the Request and it becomes a Writ of Garnishment.