Request For Garnishment Of Property Other Than Wages Form. This is a Maryland form and can be use in District Court Statewide.
Tags: Request For Garnishment Of Property Other Than Wages, DC-CV 60, Maryland Statewide, District Court
REQUEST FOR WRIT OF GARNISHMENT OF PROPERTY OTHER THAN WAGES(Md. Rule 3-645 and 3-645.1)Action in:Attachment Before Judgment A Judgment was entered in this case on,.$Original amount of judgment (excluding costs and attorney's fees)$Less total credits$Net$Plus pre-judgment interest, on $ , at% for period from, , to, .$Plus court costs due, including this Writ.$Plus post-judgment interest on $ , at % for period from, , to, .$Plus attorney's fees awarded by the court.$TOTAL DUE ON JUDGMENTPlaintiff requests that a Writ of Garnishment be directed to the Garnishee.DateSignature of Judgment Creditor or AttorneyPrinted NameTelephone NumberE-mailAddressFaxYearYearYearYearYearNOTICE TO PERSON SERVING WRIT Promptly after service upon the Garnishee, the person making service shall mail a copy of the Writ to the Judgment Debtor'slast known address. Proof of service and mailing shall be filed with the Court promptly (Md. Rule 3-126.)DC-CV-060 (Rev. 1/2018) TO THE GARNISHEE: You must file an answer to the court within 30 days of service of this Writ and forward a copy to both thePlaintiff/Creditor and the Defendant/Debtor. Failure to do so may result in a judgment by default being entered against you.The Judgment Debtor has the right to contest this garnishment by filing a motion asserting a defense or objection.Clerk/JudgeDateID Number(Md. Rule 3-645)WRIT OF GARNISHMENT OF PROPERTY OTHER THAN WAGESGarnisheeAddressSERVE ON:Serve by Sheriff/ConstableSend by Restricted Delivery MailServe by Private Process XXX - XX -Social Security NumberDISTRICT COURT OF MARYLAND FORLocated atCase No.City/CountyCourt AddressPlaintiff/Judgment CreditorCity, State, ZipAddressDefendant/Judgment DebtorAddressCity, State, Zipvs. City, State, ZipMonth/DayMonth/DayMonth/DayMonth/DayMonth/Day$Plus additional costs/fees awarded. You are directed to hold, subject to further proceedings, any property of the Judgment Debtor in your possession at thetime of service of this Writ and all property of the Judgment Debtor that may come into your possession after service of thisWrit; including any debt owed the Judgment Debtor, whether immediately payable or unmatured. Federal and Stateexemptions may be available to you and to the Judgment Debtor. With respect to a Writ of Garnishment of account in a financial institution pursuant to Rule 3-645.1, unless a Notice ofRight to Garnish Federal Benefits that conforms with 31 C.F.R. 247212.4 and Appendix B to 31 C.F.R. Part 212 is attached,Financial Institutions are directed: 1) not to hold property of the judgment debtor that constitutes a protected amount; 2) notto hold property of the judgment debtor that may come into the garnishee's possession following service of the writ if theaccount contains a protected amount; and 3) to comply with other applicable requirements, prohibitions, and limitations of31 C.F.R. Part 212.Attorney File Number:City, State, ZipTHE AMOUNT NOW DUE on the judgment is as follows:CPF ID No. American LegalNet, Inc. www.FormsWorkFlow.com You may be entitled to claim an exemption of all or part of your money or property, but in order to do so you must file amotion with the court as soon as possible. If you do not file a motion within 30 days of when the Garnishee was served,your property may be turned over to the Judgment Creditor. You may include in your motion a request for a hearing. Ifyou file a motion under Rule 3-643, claiming an exemption, and request a hearing, a hearing shall be held promptly.NOTICE TO GARNISHEE The Garnishee shall file an answer within 30 days after service of the Writ. The answer shall admit or deny thatthe Garnishee is indebted to the Judgment Debtor or has possession of property of the Judgment Debtor and shall specifythe amount and nature of any debt and describe any property. The Garnishee may assert any defense that the Garnisheemay have to the Garnishment, as well as any defense that the Judgment Debtor could assert. After answering, theGarnishee may pay any garnished indebtedness into court and may deliver to the sheriff any garnished property, whichshall be treated as if levied upon by the sheriff. A Garnishee who has filed an answer admitting indebtedness to theJudgment Debtor or possession of property of the Judgment Debtor is not required to file an amended answer solelybecause of an increase in the Garnishees's indebtedness to the Judgment Debtor or the Garnishee's receipt of additionalproperty of the Debtor. If the Garnishee fails to file a timely answer, the Judgment Creditor may proceed pursuant to Md. Rule 3-509 fora judgment by default against the Garnishee. If the Garnishee files a timely answer, the matters set forth in the answer shall be treated as established for thepurpose of the Garnishment proceeding unless the Judgment Creditor files a reply contesting the answer within 30 daysafter its filing. If a timely reply is not filed, the Court may enter the judgment upon request of the Judgment Creditor, theJudgment Debtor, or the Garnishee. If a timely reply is filed to the answer of the Garnishee, the matter shall proceed as ifit were an original action between the Judgment Creditor as Plaintiff and the Garnishee as Defendant and shall begoverned by the rules applicable to civil actions.NOTICE TO JUDGMENT DEBTOR CONCERNING EXEMPTIONS As a result of the judgment entered against you, the bank or other person holding your money or property hasbeen ordered by this court to hold your money or property that does not constitute a protected amount subject to furtherorder of the court. You have the right to contest this garnishment by filing a motion asserting a defense or objection. You have the right under the Annotated Code of MD to claim an exemption of certain kinds of personal propertysuch as: wearing apparel, books, tools, instrument or appliances in an amount not to exceed $5,000 in value necessary forthe practice of any trade or profession except those kept for sale, lease or barter; money payable in the event of sickness,accident, injury or death of any person including compensation for loss of future earnings (however, disability incomebenefits are not exempt if the judgment is for necessities contracted for after the disability is incurred); professionallyprescribed health aids for the debtor or dependent of the debtor; debtor's interest not to exceed $1,000 in value, inhousehold furnishings, household goods, wearing apparel, appliances, books, animals kept as pets, and other items thatare held primarily for the personal, family or household use of the debtor or any dependent of the debtor. IN ADDITION,WITHIN THIRTY DAYS AFTER THE DATE OF SERVICE OF THE WRIT OF GARNISHMENT ON THE BANKOR OTHER PERSON HOLDING YOUR MONEY OR PROPERTY, YOU MAY ELECT TO EXEMPT A TOTAL OF$6,000. (This exemption does not apply to an Attachment Before Judgment.) You may be entitled to claim an exemption under Maryland law of certain money such as Social Securitydisability benefits; Supplemental Security Income benefits; annuity payments based on retired or retainer pay from theArmed Forces; Civil Service retirement and disability funds; annuities to widows and surviving dependent children ofjudges; federal worker's compensation; and federal retirement pensions.YOU MAY ALSO BE ENTITLED TO PROTECT OTHER MONEY OR PROPERTY NOT MENTIONED ABOVE.TO PROTECT YOUR RIGHTS FULLY, IT IS IMPORTANT THAT YOU ACT PROMPTLY. IF YOU HAVE ANYQUESTIONS, YOU SHOULD CONSULT A LAWYER. With respect to a Writ of Garnishment of account in a financial institution pursuant to Rule 3-645.1, some Federalbenefit payments may be automatically protected from garnishment and will not be held in response to the writ ofgarnishment. Any claim for exemption for a non-protected amount must be filed with the court no later than 30 days afterservice of the writ of garnishment on the garnishee. With respect to a Writ of Garnishment of account in a financial institution pursuant to Rule 3-645.1, the answerof the institution shall state, if applicable, that a protected amount is in the judgment debtor's account. The answer neednot specify the amount. If the answer states that the property it holds consists only of a protected amount, the i