How To Stop Wage Garnishment in Maryland

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Wage garnishment can be a stressful and financially challenging experience for Maryland residents. If you’re facing wage garnishment, there are several effective methods to stop it: negotiating with creditors, filing for exemption relief, or declaring bankruptcy, each offering unique benefits depending on your situation. This comprehensive guide will help you understand your rights and explore options to stop wage garnishment, allowing you to regain control of your finances.

Understanding Wage Garnishment in Maryland

Wage garnishment is a legal procedure where a portion of your earnings is withheld by your employer and sent directly to a creditor to satisfy a debt. In Maryland, specific laws govern this process, protecting both creditors and debtors.

Key Maryland Wage Garnishment Facts
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  • Maryland follows federal guidelines but has some state-specific protections.
  • Creditors must obtain a court judgment before garnishing wages (except for certain debts like taxes or student loans).
  • The maximum amount that can be garnished is limited by state and federal laws.
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Who Can Garnish Wages in Maryland?

Creditors

Creditors must follow a specific legal process to garnish wages in Maryland:

  1. File a lawsuit against the debtor
  2. Obtain a court judgment
  3. File a Request for Writ of Garnishment with the court
  4. Serve the writ to the debtor’s employer

Government Agencies

Certain government agencies can garnish wages without a court judgment:

The Legal Process of Wage Garnishment
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Filing for Judgments

Before garnishment can begin, creditors must:

  1. File a lawsuit in the appropriate Maryland court
  2. Prove the debt is valid and owed by the defendant
  3. Obtain a judgment from the court

Writs of Garnishment

Once a judgment is obtained, the creditor can request a Writ of Garnishment from the court. This document instructs your employer to withhold a portion of your wages.

Your Rights During Wage Garnishment

Limits on Garnishment Amount

Maryland law protects a significant portion of your wages from garnishment:

Type of Income Maximum Garnishment
Disposable earnings Lesser of 25% or amount exceeding 30 times federal minimum wage
Child support Up to 65% of disposable earnings
Federal student loans 15% of disposable earnings

Notice Requirements

You must receive proper notice before garnishment begins:

  • Creditors must notify you of the judgment and intent to garnish
  • Your employer must provide you with a copy of the Writ of Garnishment
  • You have the right to contest the garnishment or claim exemptions

Time Limits on Debt Collection in Maryland

In Maryland, creditors have a limited time to enforce debts:

  • Generally, creditors have 3 years from the date the debt becomes due to file a lawsuit.
  • For credit card debts, the 3-year period begins on the date the debt is “incurred”.
  • After this period, the debt may become uncollectible through legal means.
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Options to Stop Wage Garnishment
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Negotiate with Creditors

Proactively negotiating with creditors can sometimes prevent or stop garnishment:

  • Offer a lump-sum settlement
  • Propose a reasonable payment plan
  • Consider working with a credit counseling agency

File for Exemptions

To claim an exemption:

  1. File a “Motion to Release Garnishment” with the court
  2. Attend a hearing to present your case
  3. If approved, the court will issue an order to stop or reduce the garnishment

Declare Bankruptcy

Filing for bankruptcy can provide immediate relief from wage garnishment:

Chapter 7 Bankruptcy

  • Liquidates non-exempt assets to pay creditors
  • Triggers an automatic stay, stopping all collection activities
  • Can discharge many types of unsecured debts

Chapter 13 Bankruptcy

  • Allows you to reorganize debts into a 3-5 year repayment plan
  • Stops wage garnishment and may allow you to catch up on missed payments

How to Write a Letter to Stop Wage Garnishment

When objecting to a garnishment in writing, include the following information:

  • Case number and caption (e.g., “XYZ Bank vs. John Doe”)
  • Date of your objection
  • Your name and current contact information
  • Reasons (or “grounds”) for your objection
  • Your signature

Responding to a Garnishment Letter

If you’re an employer who has received a garnishment notice:

  1. Complete and return the form (usually a verification of employment) by the requested date.
  2. Provide accurate information about your business and the employee.
  3. Begin withholding wages as instructed, unless you receive a court order to stop.

Bank Garnishment Procedures in Maryland

In addition to wage garnishment, creditors may attempt to garnish your bank account:

  • Banks must freeze funds for 30 days before releasing them to creditors
  • Certain funds are protected (e.g., Social Security benefits, veterans’ benefits)
  • You can file a “Motion to Release Property from Levy” to claim exemptions

Seeking Legal Assistance
Facing Wage Garnishment?
Get expert help from DebtBusters to reduce your garnishment quickly.

Consulting with an experienced debt relief attorney can help you understand your rights and explore the best options for your situation. DebtBusters offers free personalized debt relief consultations and can match you with top-performing local legal professionals to help stop wage garnishment.

Monitoring Your Situation

Keep Track of Notices

  • Maintain a file of all debt-related communications
  • Respond promptly to any legal notices or summons
  • Keep copies of all court documents and correspondence

Monitor Your Paychecks

Regularly review your paychecks to ensure:

  • Garnishments are accurate and within legal limits
  • You’re receiving proper credit for payments made
  • Any changes in garnishment amount are justified

Taking Action to Protect Your Income
Struggling with Garnishment?
DebtBusters can negotiate with creditors to reduce your debt fast.

Don’t wait until garnishment begins to take action. If you’re struggling with debt, consider these proactive steps:

  1. Create a budget to manage your finances
  2. Explore debt consolidation options
  3. Seek credit counseling from a reputable agency
  4. Contact DebtBusters for a free consultation on debt relief options

 

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Remember, wage garnishment doesn’t have to be the end of your financial story. With the right information and assistance, you can take steps to stop wage garnishment in Maryland and work towards a more stable financial future. Contact DebtBusters today for a free consultation and start your journey to financial freedom.