Stopping Wage Garnishment in Maryland

A wage garnishment is legal process whereby a creditor seizes a percentage the wages of a person who owes the creditor money.  Most creditors may garnish a person’s wages only after obtaining a judgment against him. However, government entities and certain quasi-government entities have the right to garnish wages without first obtaining a court order.  This is known as an administrative garnishment. 

How Much Can Be Garnished?

How much may be garnished from a worker’s wages is governed by state law.  In Maryland, the greater of 75 % or the amount equal to $145 times the number of weeks of wages due were earned are exempt from garnishment.  This rule, however, does not apply to Caroline, Worchester, Kent & Queen Anne’s counties.  In these counties, the federal wage exemption guidelines apply. 

Does Interest Accrue on the Judgment?

When a creditor obtains a judgment, interest begins to accrue on the date the judgment is entered and continues to accrue until the judgment is paid in full.  In Maryland, interest on a judgment accrues at the rate of 10% or the contract rate. 

Can a Wage Garnishment be Stopped?

In Maryland, there are several ways to stop a wage garnishment.  The first method is via creditor negotiation.  It’s often possible to negotiate a payment plan with the creditor which allows payment of the judgment in installments over a specified period of time. 

Another method of stopping the garnishment is to have the judgment set aside.  State law governs the circumstances under which a judgment may be set aside.  The most common reason that a judgment may be set aside is that the creditor failed to properly serve the complaint on the defendant (debtor). 

Finally, bankruptcy may be used to stop wage garnishment.  When a person files bankruptcy, the automatic stay which prevents collection efforts by creditors becomes effective.  

Getting Legal Help

Stopping a wage garnishment is a complicated process that requires the knowledge and experience of a Maryland debt settlement attorney.  A debt settlement attorney will review your case, advise you of your legal options, and work diligently to stop the wage garnishment.