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Topics on this page: What is a Garnishment? To "garnish" is to take home (usually a part of someone's earnings or pay) by court order. Garnishment is a proceeding by a creditor to collect a debt by taking the residential or commercial property or assets of a debtor. Any person or service can be based on garnishment.

The person holding the property of the defendant, or who is indebted to the accused, is the. A garnishee can be a bank, an employer or other person who holds home that comes from the judgment debtor. To collect  More Details  owed, the plaintiff needs to first get a final judgment or order versus the accused in court.

A garnishment proceeding identifies whether the debtor has any possessions that can be utilized to pay a judgment. When a judgment has been entered, the creditor can gather what is owed. Judgments are enforceable in Maryland for 12 years and they can be renewed. Interest accumulates on judgments at the legal rate of 10% or 6%.

Code Courts and Judicial Procedures 11-107 2 common kinds of garnishment proceedings are garnishment of salaries and garnishment of residential or commercial property and properties, like a bank account. Garnishment Procedure in District Court: the following processes are based upon Guidelines of Procedure. They use if you have a judgment in the District Court of Maryland.

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Rules Title 3, Chapter 600. The guidelines for garnishing residential or commercial property in Circuit Court are really comparable, however, there may be some differences. See Md. Guidelines Title 2, Chapter 600. Especially, the Circuit Court does not have forms for judgment creditors to use. Some Circuit Courts might permit you to use District Court forms.

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If you have questions about court treatment, speak with an attorney. Check out the Guidelines: Maryland Rules, Title 3, Chapter 600; Maryland Rules Title 2, Chapter 600 The financial institution begins the garnishment process by filing a Demand with the court. There is a cost to file the Demand. After the Demand is submitted, the court clerk or a judge indications the Demand and it ends up being a Writ of Garnishment.