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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

Baltimore, MD |
Filed under: Debt

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

Attorney Answers 1

Posted

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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6 comments

Asker

Posted

Can you explain what I need to do this start this procedure, I am unable to afford a lawyer at this time.

Mark William Oakley

Mark William Oakley

Posted

You can use the blank Motion form provided on the Maryland District Court web site, here: http://www.courts.state.md.us/district/forms/general/dc002.pdf Fill it out, and state that "I hereby claim my statutory exemptions under Maryland Courts and Judicial Proceedings Code Annotated, Section 11-504(b)(5) as to the property subject to the writ of attachment/garnishment filed in this action in the amount of $[insert amount attached in your account], and request the Court issue an order releasing the same." Make sure you fill in and sign the certificate of service at the bottom, and mail copies to those named (the creditor and the bank). File the original with the court and keep a copy for your records. Good luck. if you need more information, go to the District Court website, which also has the forms on-line. Web page is here: http://www.courts.state.md.us/district/dctcivforms.html

Asker

Posted

I was told by the bank in writting that I had thirty days to respound to the Judgement against my bank account. Before I could file my objection, The money was removed from my account. Well short of the 30 days. What can I do?

Mark William Oakley

Mark William Oakley

Posted

You had 30 days from the date the writ of garnishment was served on the bank, not from the date the bank notified you, which may have been much later. Once the 30 days runs out, if no objection has been filed, then the creditor has to ask the court to issue an order releasing the attached property to the creditor. If the funds were paid out to the creditor before the court issued that order, then you have a claim against the bank and the creditor for return of your money.

Asker

Posted

How can I find out the exact date the writ was served on the bank, and will the same blank form you sent me apply, or how would I file a claim against the bank and the creditor to return my funds?

Mark William Oakley

Mark William Oakley

Posted

The on-line Maryland Judiciary Case Search system may show the date of service, but if not, then you will have to go to the court and look up the affidavit or proof of service filed which will state the date the the writ of garnishment was served on the bank. You can use the blank motion form for any motion you wish to make. "How" to file a motion (meaning what to say) is more than I can easily try to explain in this Q&A format. It would involve setting forth the relevant facts, citation to the laws or rule implicated, and argument in support of the relief you are seeking. In other words, it is what lawyers are trained and paid to do. I have tried to give you enough information to maybe represent yourself, but reversing an early seizure of assets in violation of the garnishment rules is a bit more complicated than I would feel comfortable trying to explain.

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