Under the provisions of §15-601 - 15-606 of the Commercial Law Article, a garnishment on wages, levied after judgment, constitutes a lien on all "garnishable wages", (i.e., on all wages remaining after deduction of amount required to be withheld by law), that are payable at the time the garnishment is served, and which become payable until the judgment is satisfied. It applies only where there has been a final judgment establishing the debt, upon an order for garnishment on the wages of the debtor in the hands of his employer. If there are two or more garnishments, they will be paid and satisfied in the order in which they are served.
The exemptions set out in §15-601 do not apply to a garnishment of wages for income tax due the State of Maryland. Tax-General Article 13-811 provides that after an employer is notified of a lien for State income taxes against an employee's wages, the employer shall not pay to the employee or credit to his account any amount in excess of $50, plus $15 for each personal and dependent exemption, per week, until the lien is satisfied or released.
Amount of Wages Exempt
Exemptions from garnishment- (1) the greater of: (a) 75 percent of the disposable wages due; OR (b) 30 times the federal minimum hourly wages under the Fair Labor Standards Act in effect at the time the wages are due; AND(2) any medical insurance payment deducted from an employee's wages by the employer. Other federal exemptions may be available. Disposable wages means the part of wages that remain after deduction of any amount required to be withheld by law.
The Rules of Court(3-646)
Rule 3-646 is applicable to garnishment of wages under Code, Commercial Law Article §15-601 through 15-606. The rule provides that a writ of garnishment on judgment in these cases shall contain a command to the employer (garnishee) that he answer the writ within 30 days of service upon him, and warns him that his failure to answer may result in his being held in contempt of court.
Manner of Service of Writ of Garnishment
The rule provides that the manner of service of the garnishment shall be the same as service of original process to obtain personal jurisdiction, except that service by ordinary mail is not permissible. Service of original process provides for personal service by the sheriff or constable, or service by registered mail, return receipt requested, or service by a person at least 18 years of age and not a party to the suit.
Hearing on Answer in Ceratin instances - Defense
The rule provides that if the answer filed as above asserts a defense or challenges the validity of the garnishment, the court shall schedule the matter for hearing. If the answer denies the fact of employment, the court may dismiss the garnishment unless the creditor files a request for hearing within 15 days of receipt of the answer.
Procedure if Employer Does Not File Answer
The rule provides that if the garnishee does not file a timely answer, the court may, upon motion of the creditor, issue an order directing the garnishee to show cause why he should not be held in contempt of court, and why he should not be required to pay reasonable attorney's fees and costs.
Use of Interrogatories
The rule provides that interrogatories may be served by the creditor on the garnishee.
