I have a judgement against my bank account, the lawyer for the judgment says there is nothing I can do until the bank sends them

Asked about 2 years ago - Baltimore, MD

A confession of assets statement. What can I do to speed things along

Attorney answers (1)

  1. Mark William Oakley

    Contributor Level 18

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    Answered . There is a judgment against you, and a writ of garnishment filed against the bank to attach any funds in your account available to satisfy that judgment. You have 30 days from the date the writ of attachment was filed to file an objection to the attachment, and requesting the release of your bank funds. Under Maryland law, you have the right to claim up to $6,000.00 of the funds in your account as "exempt" from attachment to satisfy the judgment. Just claim the exact dollar amount in your account as exempt. You need to assert your exemption rights in writing by filing it with the court and mailing a copy to both the lawyer for the creditor and to the bank. The statute you cite is Maryland Courts and Judicial Proceedings Code Annotated, Section 11-504(b)(5). The court will order the attachment released, and you will keep your money. The judgment will remain unpaid, and they may attempt to garnish other property or wages. There are no special exemptions for wages, but there are other exemptions in addition to the $6,000 which apply to specific types of assets (like home furnishings, and pensions). You may wish to negotiate a settlement of this debt to keep this from happening in the future. If you need help, hire a lawyer to draft the objection raising your exemption claim.

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