§ 11-603. Garnishment against joint property
West's Annotated Code of MarylandCourts and Judicial Proceedings
MD Code, Courts and Judicial Proceedings, § 11-603
§ 11-603. Garnishment against joint property
(a)(1) Except as provided in paragraph (2) of this subsection, a garnishment against property held jointly by husband and wife, in a bank, trust company, credit union, savings bank, or savings and loan association or any of their affiliates or subsidiaries is not valid unless both owners of the property are judgment debtors.
(b)(1) A garnishment against property held in a bank, trust company, credit union, savings bank, or savings and loan association, or any of their affiliates or subsidiaries, by one person in trust for that person and another person or persons, is not valid unless all of the persons are judgment debtors.
(3) A garnishment against property held in a bank, trust company, credit union, savings bank, or savings and loan association, or any of their affiliates or subsidiaries, to be payable on the death of one or more persons to another person or persons, is not valid unless all of the persons are judgment debtors.
(c)(1) Notwithstanding subsections (a) and (b) of this section and regardless of the relationship between or among the persons, if property held in an account in the name of 2 or more persons at a bank, trust company, credit union, savings bank, or savings and loan association or any of their affiliates or subsidiaries is garnished, and fewer than all of the persons named on the account are the judgment debtors, the garnishee may answer the writ of garnishment by stating:
(2) If the garnishee answers as described in paragraph (1) of this subsection, the garnishee shall hold the lesser of the amount of the judgment or the amount in the account subject to an entry of a court order releasing the property held by the garnishee or a final judgment in the garnishment proceeding.
Credits
Added by Acts 1989, c. 818. Amended by Acts 1991, c. 117; Acts 1993, c. 584.
MD Code, Courts and Judicial Proceedings, § 11-603, MD CTS & JUD PRO § 11-603
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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