Request For Garnishment On Wages Form. This is a Maryland form and can be use in District Court Statewide.
Tags: Request For Garnishment On Wages, DC-CV 65, Maryland Statewide, District Court
Date copy of Writ mailed to Debtor's last known address:PLEASE ISSUE A WRIT OF GARNISHMENT on the judgment in the above entitled case to be directed to the Employernamed above. Judgment was by confession. A Judgment was entered in this case on , .(Md. Rule 3-646)$Original amount of judgment (excluding costs and attorney's fees)$Less total credits$Net$Plus pre-judgment interest, on $ , at % for periodfrom , 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 JUDGMENT Month/Day YearDC-CV-065 (Rev. 12/2017)REQUEST FOR WRIT OF GARNISHMENT OF WAGES005DateSignature of Plaintiff or AttorneyPrinted NameTelephone NumberE-mailAddressFaxWRIT OF GARNISHMENT OF WAGESTO THE GARNISHEE/EMPLOYER: YOU ARE HEREBY DIRECTED to withhold the attachable wages of the Defendant/Debtor for any work week or other payperiod until the judgment, interest, other charges and costs as specified under the terms of the judgment are satisfied or until otherwisenotified by this court. In addition to the exemptions that follow this writ, other Federal and State exemptions may be available. YOU ARE HEREBY DIRECTED to withhold any attachable wages and not to distribute the same, subject to the further orderof this Court because the judgment is not yet final. YOU ARE FURTHER DIRECTED, within thirty (30) days of the date this Writ is served on you, to complete the Answerthat follows this Writ and to return one copy to the Court, one to the Plaintiff/Creditor and one to the Defendant/Debtor. You muststate whether the Defendant/Debtor is employed by you, and if so employed, state the rate of pay, and whether there are any priorliens 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. YOU ARE FURTHER DIRECTED to send the amount withheld to the Plaintiff/Creditor or attorney for the Plaintiff/Creditorwithin fifteen (15) days after the close of the last pay period of the Defendant/Debtor each month. If you assert a defense or arenotified that the Defendant has done so, you are to send the withheld wages to the Court.Judge/ClerkDateID Number(Md. Rule 3-646)GarnisheeAddressSERVE 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 CreditorAddressCity, State, ZipDefendant/Judgment DebtorAddressCity, State, Zipvs. City, State, ZipYearYearYearYearMonth/DayMonth/DayMonth/DayMonth/DayEMPLOYER: See reverse side for additional instructions.THE AMOUNT NOW DUE on the judgment is as follows:$Plus additional costs/fees awarded. American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS TO GARNISHEE / EMPLOYER1. Commercial Law Article 247247 15-601 to 607 of the Annotated Code of Maryland and Rule 3-646 govern wage attachmentprocedures.2. By written motion, both a Defendant/Debtor and a Garnishee/Employer may assert any defense to contest the attachment.3. If your answer denies the fact of employment, the Court shall dismiss the attachment unless the Plaintiff/Creditor files a request fora 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 causewhy 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 bedone 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 interestmay increase the amount of the judgment in the future, and it is also possible that additional costs accruing under the judgment mayincrease this total at a later date. It is also possible that payments made independently of this attachment may decrease the totalbalance due. Before ceasing to withhold any wages under this attachment, it is suggested that you communicate with thePlaintiff/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 thatninety-day period.9. The law provides that an employer may not discharge his/her employee because the employee's wages are subjected to attachmentfor any one indebtedness within a calendar year and that any employer who willfully violates this provision is guilty of a misdemeanorand 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: 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; ANDany medical insurance payment deducted from an employee's wages by the employer. Other federal and state exemptions may beavailable. 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.)Name and Address of CourtCaseNumberPlaintiff's Name and AddressDateAttachedAmount ofAttachmentDateSignature of Garnishee/Employer or AttorneyPrinted NameTelephone NumberE-mailAddressFaxCity, State, ZipNOTICE TO JUDGMENT DEBTOR You have the right to contest the Garnishment of Wages by filing a motion asserting a defense or objection. The answer of the Garnishee/Employer to the Writ of Garnishment served in this case, reports as follows:The Defendant (specify name) is not employed by thisEmployer, and the Employer requests dismissal of the garnishment.The Defendant (specify name) is employed by thisEmployer, and the rate or basis of pay is $ per ..The Garnishee/Employer desires to contest the attachment and asserts the following defenses on the Garnishee's ownbehalf as well as any defenses that the Debtor could assert:.The following prior liens exist:I hereby certify that I mailed a copy of this answer to the Plaintiff/Judgment Creditor or his/her attorney and a copy wasmailed to the Judgment Debtor/Employee or his/her attorney on in accordance with Md. Rule 1-321.DateTo the Employer: Send copies of completed Answer to Plaintiff/Creditor or their attorney Defendant/Debtor or theirattorney Court American LegalNet, Inc. www.FormsWorkFlow.com