WAGE GARNISHMENT PROCESS

1. Introduction

Wage garnishment is a legal procedure used to enforce a judgment for debt collection by directing an employer to withhold a portion of a debtor's wages. This SOP guides DK Law staff through each step of the wage garnishment process, ensuring compliance with Maryland law and efficient handling of cases.

2. Preconditions for Garnishment

Before initiating wage garnishment, confirm the following:

• Judgment Confirmation: A valid court judgment against the debtor must be in place, indicating a clear amount owed.

• Employment Verification: Confirm the debtor's current employment status and the employer's details. Utilize the Judgment Debtor Information Sheet (form CC-DC-CV-114) or employ discovery tools such as written interrogatories or oral examinations to gather this information.

3. Initiating Wage Garnishment

To start the wage garnishment:

• Request for Writ of Garnishment: Complete form DC-CV-065 with accurate details about the debtor’s employment and the judgment amount. File this form at the court that issued the original judgment.

• Clerk's Role: Upon filing, the court clerk issues a Writ of Garnishment, which must be served to the employer (garnishee). This service is crucial as it legally binds the employer to withhold the specified amounts from the debtor's wages.

4. Employer’s Compliance

Upon receiving the writ:

• Employer's Obligation: The employer must begin withholding a part of the debtor’s wages from the next pay period and continue until the court directs otherwise or the debt is fully paid.

• Employer's Response: Within 30 days of receiving the writ, the employer must file a formal response with the court, confirming the garnishment and detailing any other garnishments in effect.

5. Receiving Garnished Funds

• Transfer of Funds: Employers are required to remit the withheld wages to the creditor within 15 days after the end of each pay period.

• Ongoing Garnishment: Maintain the garnishment order as active. Monitor the employer’s compliance and ensure regular transfers until the full debt amount is recovered.

6. Handling Non-Compliance

• Non-Compliant Employer: If an employer fails to comply with the garnishment order, initiate legal action by filing a Motion for Contempt. This compels the employer to either start withholding wages or explain their non-compliance in court.

7. Post-Garnishment Procedures

• Record Keeping: Document all payments received in the Judgment Creditor’s Monthly Report. This report is kept for internal records and sent to the debtor and garnishee but not filed with the court.

• Closure of Garnishment: Once the debt is fully paid, promptly file a Notice of Satisfaction (form DC-CV-031) with the court to officially close the garnishment case.

8. Forms and Resources

• Available Forms: Ensure all forms, including the Request for Writ of Garnishment of Wages (DC-CV-065) and Notice of Satisfaction (DC-CV-031), are readily available and up to date.

• Legal Support: Utilize the Maryland Court Help Centers for additional legal support or clarification on complex cases.

9. Useful Contacts

• Legal Assistance: For assistance, contact Maryland Court Help Centers at 410-260-1392 or visit the website.

• Training and Updates: Regularly participate in training sessions on garnishment procedures and stay updated with any changes in Maryland state laws regarding debt collection.