Maryland Employer Wage Garnishment Compliance — What Employers Must Do After Receiving a Writ
A writ of garnishment just arrived at your business for one of your employees. It's a court order, not a request — and ignoring it has real consequences under Maryland law.
Maryland Rule 3-646 and Commercial Law Article § 15-601 et seq. lay out exactly what you must do, when, and what happens if you don't.
Step 1: File Your Answer Within 30 Days
After receiving a Writ of Garnishment on Wages (Form DC-CV-065), you must file a written answer with the District Court within 30 days. The answer confirms whether the debtor works for you, their pay frequency, gross earnings, and mandatory deductions.
If the debtor isn't your employee when the writ is served, answer accurately. Once a wage garnishment is in effect, it terminates 90 days after employment ends unless the debtor is reemployed by you during that period.
Step 2: Begin Withholding Immediately
Withholding begins with the first pay period after you receive the writ — you don't wait for the 30-day answer deadline to start. Calculate the garnishable amount using the two-part test under CL § 15-601.1:
The maximum garnishment per pay period is the lesser of:
- 25% of disposable earnings for that period, or
- The amount by which disposable earnings exceed 30 times the Maryland minimum wage ($15/hour × 30 = $450/week)
Disposable earnings are gross pay minus mandatory deductions: federal income tax, state income tax, local income tax, Social Security (FICA), and Medicare. Voluntary deductions like 401(k) contributions, health insurance premiums, or union dues are not subtracted before calculating.
If the employee's disposable earnings are at or below $450 per week, you withhold nothing.
Step 3: Remit Funds Monthly
Withheld amounts must be sent to the judgment creditor within 15 days after the close of each calendar month. Don't hold the funds until the judgment is fully satisfied — remit monthly.
Make the check or payment payable to the judgment creditor (the person named in the writ), not the court.
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Step 4: The Creditor's Monthly Report
The judgment creditor — not you — must mail a monthly report (Form DC-CV-066) to both you and the employee within 15 days after each month ends. This report shows how payments are being applied: first to accrued interest, then to principal, then to costs.
If you stop receiving these monthly reports, that's the creditor's compliance problem, not yours. Continue withholding and remitting until you receive a court order releasing the garnishment or a Notice of Satisfaction.
Multiple Garnishments
If you receive more than one wage garnishment for the same employee, Maryland applies "first in time, first in right." Satisfy the first writ completely before beginning withholding on the second.
Exceptions: child support orders and tax levies take priority over civil judgments regardless of when they were served. If a child support order is already in place, the civil garnishment withholding is calculated on what remains of disposable earnings after the support deduction — but the total taken from the employee's pay cannot exceed the statutory limits.
What You Cannot Do
Do not fire the employee because of the garnishment. Maryland CL § 15-606 prohibits terminating an employee solely because their wages are being garnished for one indebtedness in a calendar year. A willful violation is a misdemeanor punishable by a fine of up to $1,000, imprisonment for up to one year, or both.
Do not withhold more than the statutory amount. Over-garnishing exposes you to claims from the employee.
Do not ignore the writ. If you fail to file a timely answer, the creditor may move for a show-cause order under Maryland Rule 3-646(f). If the writ is in effect, you must withhold and remit garnishable wages as Rule 3-646(i) directs; no full-amount judgment is automatic merely because you failed to answer.
When the Garnishment Ends
Withholding stops when any of these happen:
- The judgment creditor files a Notice of Satisfaction with the court
- You receive a court order releasing the garnishment
- The employee leaves your company (notify the court and creditor promptly; the writ terminates after 90 days unless the debtor is reemployed within that period)
- The creditor's monthly reports show the judgment is fully satisfied
For judgment creditors looking to understand the full garnishment process from the filing side, our Maryland judgment collection guide covers every step from writ application through final satisfaction.
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