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What is this $6,000 exemption on a bank account garnishment?

Millersville, MD |

I received a Writ of Garnishment of Property Other than Wages. Since I thought this may be happening, I withdrew most of the money out of my checking account prior. I had maybe $100 in the account at the time my bank was served. Since I have less than $6,000 in the account, does that mean it is exempt from the garnishment?

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Attorney answers 1

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Cash or property of any kind equivalent in value to $6,000 is exempt, if within 30 days from the date of the attachment or the levy by the sheriff, the debtor elects to exempt cash or selected items of property in an amount not to exceed a cumulative value of $6,000. Courts and Judicial Proceedings 11-504.

Your money could be exempt if you file the election (motion). It is not automatically exempt.

www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.