Maryland 120-Day Garnishment Inactivity Rule — What Happens If You Don't Act

You filed for a bank garnishment, the bank answered, and then life happened. If no further filing is made for 120 days, the bank can send notice that it intends to terminate the writ; if no one responds within 30 days, it can file a termination and release funds it was holding.

Maryland Rule 3-645 applies to garnishments of property other than wages. If no further filing concerning the writ is made within 120 days after the garnishee files its answer, the garnishee may serve a notice of intent to terminate on the creditor and debtor. The clock starts on the date the bank files its answer, not the date you filed the writ.

How the 120-Day Clock Works

Once a garnishee files a Confession of Assets (Form DC-CV-061 for bank garnishments), the 120-day period runs only if no further filing concerning the writ is made. If the answer shows funds are available, file a Request for Judgment — Garnishment (Form DC-CV-062) to ask the court to order their release.

After 120 days without a further filing, the garnishee may serve a notice of intent to terminate. The creditor or debtor then has 30 days after service to respond. If no response is filed, the garnishee may file a termination, which releases it from any further duty to hold the debtor's property. The 120 days alone do not automatically terminate the writ or release the funds.

Here's what counts as "action" to reset or satisfy the clock:

• Filing Form DC-CV-062 (Request for Judgment — Garnishment)
• Filing a motion concerning the garnishment, such as an exemption dispute
• Filing a request for a hearing on the garnishee's answer

Simply calling the court clerk or sending the debtor a letter does not qualify. The action must be a filed document that appears on the case docket.

Why Creditors Miss This Deadline

The most common scenario: the bank's answer shows a small balance, and the creditor decides to wait for more deposits before requesting judgment. But the 120-day rule doesn't care about your strategy. The writ dies on the calendar, not on your timeline.

Another trap hits creditors juggling multiple enforcement tools. If you filed wage and bank garnishments simultaneously, the wage garnishment's monthly payments may lull you into forgetting the separate bank garnishment clock.

What to Do Before Day 120

If the bank's Confession of Assets shows funds available above the $500 automatic exemption, file Form DC-CV-062 promptly. The $10 filing fee is far cheaper than starting over with a new writ.

If the answer shows the debtor's account holds only exempt funds (federal benefits, amounts below $500), you have a decision: file DC-CV-062 anyway to preserve the writ while exemption disputes play out, or let the garnishment lapse and redirect your effort to wage garnishment or a lien.

Track the date the garnishee filed its answer — not the date you received a copy. Check Maryland Judiciary Case Search, then confirm the filing date with the court clerk if needed.

If Your Garnishment Was Already Dismissed

A termination for inactivity doesn't extinguish your judgment. You can file a brand-new Request for Garnishment (Form DC-CV-060) and start the process again, paying a fresh $10 filing fee plus a $60 sheriff/constable service fee or $20 if the clerk mails it. The debtor's account gets frozen again once the new writ is served.

The real cost isn't the fee — it's the gap. During the time between dismissal and re-service, the debtor can move their money. That's why staying ahead of the 120-day window matters more than any single filing.

Our Maryland judgment collection guide maps every deadline in the post-judgment process, including a tracking worksheet so you never miss the 120-day window or any other critical date.

See more Maryland guides →