After a judgment has been entered against a debtor, the creditor has the legal right to garnish wages and/or bank accounts or attach any other asset to collect the debt. While a creditor may not garnish more than 25% of the debtors wages per pay period, there are no such limitations on how much a creditor may garnish from a bank account or other asset. However, the debtor may claim certain assets exempt from garnishment. The exemptions from garnishment can be found in The Maryland Annotated Code, Courts and Judicial Proceedings 11-504. These include $6,000.00 in cash, in a bank account or in property of any kind whose value is $6,000; an additional $1,000 in household furnishings, household goods, clothing or other property used for household purposes for the debtor or a dependent of the debtor; an additional $5,000 in real property or other personal property. Once a garnishment other than wages is entered, the debtor generally has 30 days to file a motion with the court to claim the property garnished as exempt under Maryland law.
Title: Montgomery, Maryland Request for Garnishment of Property Other Than Wages Keywords: Montgomery, Maryland Request for Garnishment of Property Other Than Wages, Garnishment process, Non-wage garnishment, Maryland laws on property garnishment Introduction: The Montgomery, Maryland Request for Garnishment of Property Other Than Wages is a legal process used by creditors to collect outstanding debts from debtors by seizing their property instead of their wages. This article will provide a detailed description of this garnishment process, its purpose, and the relevant laws governing such cases in Montgomery, Maryland. Types of Montgomery, Maryland Request for Garnishment of Property Other Than Wages: 1. Real Property Garnishment: This type of garnishment involves seizing the debtor's real estate or land holdings to satisfy the outstanding debt. The creditor can apply for the garnishment of the debtor's property, such as homes, land, or rental properties. This process typically requires a court order and compliance with specific legal requirements. 2. Personal Property Garnishment: Also known as chattel or movable property garnishment, it involves seizing assets other than real estate. Examples of personal property subject to garnishment include vehicles, jewelry, electronics, bank accounts, stocks, and other valuable possessions. The creditor initiates the process through a court order, aiming to sell the assets and apply the proceeds toward the debt owed. 3. Garnishment Exemptions: Certain types of property are protected from garnishment in Montgomery, Maryland. The state law outlines exemptions that shield specific assets from being seized. Common exemptions may include a certain portion of the debtor's wages, tools of trade, certain pensions, public benefits, and household goods. These exemptions vary, so it's crucial for debtors to consult legal experts to understand their specific circumstances. Garnishment Process for Property Other Than Wages in Montgomery, Maryland: 1. Filing a Lawsuit: To commence the garnishment process, the creditor must first file a lawsuit against the debtor, stating the amount of the outstanding debt, and receiving a judgment from the court that the debt is valid. 2. Obtaining a Writ of Garnishment: Once the court grants the judgment, the creditor can request a Writ of Garnishment, specifying the type of property to be garnished. The creditor must provide details about the debtor's assets and their locations to the court. 3. Serving the Writ: The creditor serves the Writ of Garnishment to the debtor and any third parties who may hold the debtor's property, such as banks or tenants renting from the debtor. 4. Response and Hearing: The debtor has the right to respond to the garnishment and may attend a hearing to present their case against it. They can potentially claim exemptions or prove that the property does not belong to them. 5. Property Sale and Debt Settlement: If the court approves the garnishment, the seized property will be sold, and the proceeds will be used to satisfy the debt owed. After the debt is fully paid or satisfied, the garnishment stops. Conclusion: Montgomery, Maryland, provides a legal framework for creditors to request garnishment of property other than wages to recover outstanding debts. By following the defined process and adhering to Maryland's garnishment laws, creditors can seize and sell property to settle debts. Debtors should be aware of their rights, exemptions, and the legal procedures involved to protect their property during this process.
