How to Garnish Wages in Maryland After a Judgment

You won a judgment in Maryland District Court and the debtor has a job. Wage garnishment is probably your best enforcement tool — it creates a continuing lien on the debtor's paycheck until the judgment is paid off, without you having to file anything new each month.

Here's how the process works under Maryland Rule 3-646 and Commercial Law Article § 15-601.1.

Filing the Request

After the mandatory 10-day post-judgment stay expires, file Form DC-CV-065 (Request for Writ of Garnishment of Wages) with the District Court. You'll need:

• The case number and judgment amount
• The debtor's name and address
• The employer's name and address
• Accrued post-judgment interest (10% per year under CJP § 11-107)
• Filing fee: $10, plus $60 per defendant for Sheriff/Constable service or $20 if the clerk mails the writ; private-server fees vary

If the employer's address or identity is unknown, you cannot compel the debtor to provide it through an oral examination or interrogatories in a small-claims case. Use public records or other lawful means to try to identify the employer.

How Much Can Be Withheld

Maryland law protects a significant portion of the debtor's paycheck. Under CL § 15-601.1 (updated effective October 1, 2020), the maximum garnishable amount is the lesser of:

1. 25% of disposable weekly earnings, or
2. The amount by which disposable weekly earnings exceed 30 times the Maryland minimum wage

With the current Maryland minimum wage at $15.00 per hour, the 30-times threshold equals $450 per week. If a debtor's disposable weekly earnings (gross pay minus mandatory deductions like taxes and FICA) are $450 or less, nothing can be garnished.

A practical example: a debtor earning $650 per week in disposable earnings. Test 1 yields $162.50 (25% of $650). Test 2 yields $200 ($650 minus $450). The employer withholds the lesser amount — $162.50 per week.

"Disposable earnings" means wages after deductions required by law, including taxes and FICA. Voluntary deductions such as 401(k) contributions and union dues do not reduce disposable earnings. Separately, CL § 15-601.1(b)(2) exempts medical insurance payments deducted from wages.

The Employer's Obligations

Once served, the employer must:

1. File a written Answer with the court within 30 days confirming employment and pay details
2. Begin withholding from the first pay period after service — don't wait for the Answer
3. Remit withheld funds to you within 15 days after the close of each calendar month

Federal law prohibits an employer from discharging an employee because earnings have been garnished for any one indebtedness (15 U.S.C. § 1674(a)). If an employer claims the debtor no longer works there, the garnishment terminates and you'll need to track down the debtor's new employer to start again.

Your Monthly Reporting Obligation

This is the rule most judgment creditors miss: under Rule 3-646, you must mail a Judgment Creditor's Monthly Report (Form DC-CV-066) to both the debtor and the employer within 15 days after each month's close. The report shows payments received, interest accrued and the remaining balance.

Failure to send this report can result in the court dismissing your garnishment and assessing costs and attorney's fees against you. Set a calendar reminder for the 15th of every month.

Priority and Multiple Garnishments

If another creditor already has an active wage garnishment on the debtor, Maryland uses a "first in time, first in right" rule. The employer satisfies the earlier writ before yours. Child support orders and federal or state tax liens always take priority over civil judgment garnishments, regardless of when they were filed.

You can file both a wage garnishment and a bank account garnishment at the same time — there's no rule against pursuing multiple enforcement tools in parallel.

For the complete wage garnishment workflow, interest calculation worksheets and monthly reporting templates, see our Maryland Small Claims Judgment Collection Guide.

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