RULE 3-646. GARNISHMENT OF WAGES
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 3-646
RULE 3-646. GARNISHMENT OF WAGES
(b) Issuance of Writ. The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was obtained a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of the judgment debtor, and (4) the name and address of the garnishee. Upon filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee together with a blank answer form provided by the clerk.
(d) Service. The writ and answer form shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Upon issuance of the writ, a copy of the writ shall be mailed to the debtor's last known address. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321.
(e) Response of Garnishee and Debtor. The garnishee shall file an answer within 30 days after service of the writ. The answer shall state whether the debtor is an employee of the garnishee and, if so, the rate of pay and the existence of prior liens. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the debtor could assert. The debtor may file a motion at any time asserting a defense or objection.
(g) When Answer Filed. If the answer denies employment, the clerk shall dismiss the proceeding against the garnishee unless the creditor files a request for hearing within 15 days after service of the answer. If the answer asserts any other defense or if the debtor files a motion asserting a defense or objection, a hearing on the matter shall be scheduled promptly.
(i) Withholding and Remitting of Wages. While the garnishment is in effect, the garnishee shall withhold all garnishable wages payable to the debtor. If the garnishee has asserted a defense or is notified that the debtor has done so, the garnishee shall remit the withheld wages to the court. Otherwise, the garnishee shall remit them to the creditor or the creditor's attorney within 15 days after the close of the debtor's last pay period in each month. The garnishee shall notify the debtor of the amount withheld each pay period and the method used to determine the amount. If the garnishee is served with more than one writ for the same debtor, the writs shall be satisfied in the order in which served.
(2) Within 15 days after the end of each month in which one or more payments are received from any source by the creditor for the account of the debtor, the creditor shall mail to the garnishee and to the debtor a statement disclosing the payments and the manner in which they were credited. The statement shall not be filed in court, but the creditor shall retain a copy of each statement until 90 days after the termination of the garnishment proceeding and make it available for inspection upon request by any party or by the court.
Source: This Rule is derived as follows:
Section (a) is derived from former M.D.R. F6 a.
Section (b) is new.
Section (c) is in part derived from former M.D.R. F6 b and in part new.
Section (d) is in part derived from former M.D.R. F6 c and in part new.
Section (e) is derived from former M.D.R. F6 d and k.
Section (f) is derived from former M.D.R. F6 f.
Section (g) is in part derived from former M.D.R. F6 e and in part new.
Section (h) is derived from former M.D.R. F6 g.
Section (i) is in part derived from former M.D.R. F6 h and in part new.
Section (j) is derived from former M.D.R. F6 j.
Section (k) is derived from former M.D.R. F6 i.
[Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 20, 1984, eff. Jan. 1, 1985; June 7, 1994, eff. Oct. 1, 1994; Oct. 5, 1999.]
The October 5, 1999, order, in subsec. (j)(2), deleted a filing requirement and added a requirement that a certain document be retained by a judgment creditor for a specified period of time.
MD Rules, Rule 3-646, MD R RCP DIST CT Rule 3-646
Current with amendments received through August 1, 2019.
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