Request For Garnishment On Wages-Writ Of Garnishment On Wages
Request For Garnishment On Wages-Writ Of Garnishment On Wages Form. This is a Maryland form and can be use in District Court Statewide.
Tags: Request For Garnishment On Wages-Writ Of Garnishment On Wages, DC-CV 65, Maryland Statewide, District Court
DISTRICT COURT OF MARYLAND FOR City/County Located at Case No. Court Address vs. Name Address Name Address Plaintiff/Judgment Creditor Defendant/Judgment Debtor XXX - XX Social Security Number SERVE ON: Serve by Sheriff/Constable Employer/Garnishee Name Send by Restricted Delivery Mail Address Serve by Private Process REQUEST FOR GARNISHMENT ON WAGES (3-646) (WRGW) PLEASE ISSUE A WRIT OF GARNISHMENT on the judgment in the above entitled case to be directed to the Employer/Garnishee named above. Judgment was by confession. Judgment was entered on THE AMOUNT NOW DUE on the judgment is as follows: $ Original amount of judgment (excluding costs and attorney's fees) $ Less total credits $ Net $ Plus post-judgment interest, on $ from , , at %, for period , to Year $ $ Year Plus court costs due, including this Writ. Plus additional post-judgment interest, on $ for period from , , at to %, , Year $ $ Year Plus attorney's fee, if allowed by judgment. TOTAL DUE ON JUDGMENT GARNISHEE: See reverse side for additional instructions. Signer's Telephone Number Signature of Plaintiff or Attorney Signer's Facsimile Number, if any Printed Name Signer's E-mail Address, if any Signer's Address WRIT OF GARNISHMENT ON WAGES (3-646) TO THE GARNISHEE: YOU ARE HEREBY ORDERED to withhold the attachable wages of the Defendant/Debtor for any work week or other pay period until the judgment, interest, other charges and costs as specified under the terms of the judgment are satisfied or until otherwise notified by this court. In addition to the exemptions shown on the reverse side of this writ, other Federal and State exemptions may be available. YOU ARE HEREBY ORDERED to withhold any attachable wages and not to distribute the same, subject to the further order of this Court because the judgment is not yet final. YOU ARE FURTHER ORDERED to send the amount withheld to the Plaintiff/Creditor or attorney for the Plaintiff/Creditor within fifteen (15) days after the close of the last pay period of the Defendant/Debtor each month. If you assert a defense or are notified that the Defendant has done so, you are to send the withheld wages to the Court. YOU ARE FURTHER ORDERED, within thirty (30) days of the date this Writ is served on you, to complete the Answer on the reverse side of this Writ and to return one copy to the Court, one to the Plaintiff/Creditor and one to the Defendant/Debtor. You must state whether the Defendant/Debtor is employed by you, and if so employed, state the rate of pay, and whether there are any prior attachments against the wages which are or may become payable. If you do not file a timely answer, the Court, on motion of the Creditor, may order you to show cause why you should not be held in contempt and require you to pay reasonable attorney's fees and costs. A copy of this Writ shall be given to the Defendant. The Defendant/Judgment Debtor may at any time contest the Garnishment by filing a motion asserting a defense or objection. Date DC/CV 65 (Rev. 7/2011) Judge/Clerk American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS TO GARNISHEE 1. Commercial Law Article §§ 15-601 to 607 of the Annotated Code of Maryland and Rule 3-646 govern wage attachment procedures. 2. By written motion, both a Defendant/Debtor and an Employer/Garnishee may assert any defense to contest the attachment. 3. If your answer denies the fact of employment, the Court may dismiss the attachment unless the Plaintiff/Creditor files a request for a hearing within (15) days of the receipt of the answer. 4. If you do not file a timely answer, the Court may, upon motion of the Plaintiff/Creditor, issue an order directing you to show cause why you should not be held in contempt of court, and why you should not be required to pay reasonable attorney's fees and costs. 5. You must notify the employee each pay period of the amount withheld and the method used to determine the amount. This may be done by the use of pay stubs, pay slips, etc. 6. If there is more than one attachment, each one is to be satisfied in full, in the order in which they are served upon you. 7. This attachment remains a lien until the judgment is paid in full, or as long as the employee remains employed. Accruing interest may increase the amount of the judgment in the future, and it is also possible that additional costs accruing under the judgment may increase this total at a later date. It is also possible that payments made independently of this attachment may decrease the total balance due. Before ceasing to withhold any wages under this attachment, it is suggested that you communicate with the Plaintiff/Creditor or his attorney to ascertain that the judgment has been completely satisfied. 8. The attachment terminates ninety (90) days after cessation of employment, unless the Defendant/Debtor is reemployed during that ninety-day period. 9. The law provides that an employer may not discharge his employee because the employee's wage are subjected to attachment for any one indebtedness within a calendar year and that any employer who willfully violates this provision is guilty of a misdemeanor and on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year, or both. EXEMPTIONS FOR GARNISHMENT THE FOLLOWING ARE EXEMPT 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 and state exemptions may be available. Disposable wages are the part of wages that remain after deduction of any amount required to be withheld by law. ANSWER (TO BE FILED WITHIN 30 DAYS FROM RECEIPT OF THE WRIT OF GARNISHMENT ON WAGES.) The answer of the Garnishee to the Writ of Garnishment served in this case, reports as follows: The Defendant (specify name) and the Garnishee requests dismissal of the garnishment. is not employed by this Garnishee The Defendant (specify name) by this Garnishee, and the rate or basis of pay is is employed The Garnishee asserts that There are other attachments against this employee's wages, as follows: Name and Address of Court Case Number Date Attached Amount of Attachment Signature of Garnishee or Attorney Date Signer's Facsimile Number, if any Plaintiff's Name and Address Signer's E-mail Address, if any To the Garnishee: Send copies of completed Answer to the Plaintiff/Creditor Defendant/Debtor Court Signer's Address Signer's Telephone Number American LegalNet, Inc. www.FormsWorkFlow.com