How to Garnish a Bank Account in Maryland

Bank account garnishment is often the fastest way to collect a Maryland small claims judgment — if you know where the debtor banks. Unlike wage garnishment, which trickles in over months, a bank freeze can capture the full judgment amount in one shot.

The process runs under Maryland Rule 3-645, and it's more multi-step than most creditors expect.

Filing the Request

After the 10-day post-judgment stay expires under Rule 3-632(a), file Form DC-CV-060 (Request for Garnishment of Property Other Than Wages) with the District Court. The filing fee is $10, plus $60 per defendant for Sheriff/Constable service or $20 if the clerk mails the writ; private-server fees vary.

You need the name and service address of the debtor's financial institution as the garnishee. If you do not know where the debtor banks, a Maryland small-claims judgment does not let you compel an oral examination or answers to interrogatories; use public records or other lawful means to identify assets.

What Happens After the Writ Is Served

The bank immediately freezes funds in the debtor's account up to the judgment amount plus interest and costs. The debtor cannot withdraw frozen funds during this period.

Within 30 days, the bank files a Confession of Assets (Form DC-CV-061) with the court, disclosing how much was frozen. The debtor also receives notice and has 30 days to claim exemptions.

Two automatic protections kick in before you see any money:

• $500 automatic exemption — Under CJP § 11-504(b)(5), up to $500 in a deposit or other account at a depository institution is protected automatically. The debtor does not have to file anything to claim it.
• Federal benefits lookback — Under 31 CFR Part 212, the bank must review the account for Social Security, SSI, VA, Railroad Retirement, or federal civil-service retirement payments directly deposited in the prior two months. Those protected funds cannot be frozen.

The debtor can also elect up to $6,000 in cash or property under CJP § 11-504(b)(6) by filing a motion. The $6,000 cap is cumulative with the automatic account protection under § 11-504(b)(5).

Getting the Money Released to You

After the 30-day exemption window passes, you file Form DC-CV-062 (Request for Judgment — Garnishment) asking the court to order the bank to release the frozen funds to you. This is the step many creditors miss — the freeze alone doesn't transfer the money.

If the bank's Confession shows the account held less than expected, or if exemptions consumed most of the balance, you may need to file additional garnishments at other banks or switch to wage garnishment.

The 120-Day Inactivity Trap

Under Rule 3-645, if you take no action on a bank garnishment for 120 days after the garnishee files its Answer, the bank or debtor can petition the court to dismiss the writ. If the bank filed its Confession of Assets and you haven't followed up with Form DC-CV-062, you risk losing the freeze entirely.

Mark the filing date and follow up well before the 120-day window closes.

Joint Accounts

If the debtor shares a joint account with a spouse or other non-debtor, Maryland law presumes that all funds belong to the judgment debtor. The non-debtor co-owner can intervene by filing a motion under Rule 3-645(e) to prove that specific funds in the account belong to them — for example, showing that their separate paycheck was the source of the deposits. The court will release whatever portion the co-owner proves is independently theirs.

For the full bank garnishment workflow — including timing charts, exemption calculations and non-responsive bank escalation steps — see our Maryland Small Claims Judgment Collection Guide.

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