Garnishments of Bank Accounts in Maryland

October 23, 2008


If a judgment creditor seeks to garnish your bank account, it is very important to respond to the garnishment notice.

IN MOST CASES, YOU HAVE 30 DAYS OR LESS TO RESPOND TO A GARNISHMENT.

If you ignore the garnishment notice, the contents of your bank account will probably be turned over to the judgment creditor.

Remember: in most cases, creditors need to get a final judgment against you before they can garnish your bank account.

If the creditor sued you in Maryland District Court and got a judgment against you, you can respond to the garnishment by filing the attached form with the court:

Motion for Release of Property From Levy/Garnishment or to Exempt Property from Execution/Certificate/Notice

Certain funds are exempt from garnishment.  A few examples include:

  1. unemployment income,
  2. some social security disability income payments,
  3. some workman’s compensation payments, and
  4. some joint account funds if the account is held by spouses as tenants by the entirety and the judgment is against only one spouse.

The above is not an exhaustive list of exempt funds.  You will need to consult an attorney to determine if your bank account funds are exempt from garnishment based on the source of the funds.

You may also be eligible to declare an exemption of up to $6000.00. To determine if you are eligible for this exemption, contact an attorney.


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