How Can I Stop Garnishment In Maryland?
I frequently get calls from people who are being threatened with garnishment by creditors and want to know what they can do.
First, I generally explain what a garnishment is. A garnishment is a court order which allows a creditor to take money from your bank account or your paycheck. In almost all cases, a creditor must file a lawsuit and get a judgment against you before they can garnish your bank account or pay check. Some times creditors will threaten a garnishment before they have filed a lawsuit in an attempt to get you to pay them.
Second, if the garnishment has not yet started to come out of your paycheck, you may be able to negotiate with the creditor to pay directly and avoid the garnishment.
Third, if the creditor has already garnished your bank account, you may be able to go to the Court and “exempt” the funds being held. Please feel free to call me if you need more information on doing this.
Fourth, if the garnishment on your pay check has already begun, you will probably have to file a bankruptcy in order to stop the garnishment. The good news is that any money they take in the 90 days before you file is called a “preference”. This money can be gotten back for you in most cases.
If you have any additional questions, please feel free to call me at (443) 860-0088 or send me an e-mail at email@example.com.
This information contained here is general in nature and not meant to be specific legal advice. Maryland law and bankruptcy law are constantly changing and the information provided here may not apply to your specific situation.