Maryland Garnishee Failed to Respond — What to Do When the Bank or Employer Ignores Your Writ

You filed a garnishment writ, the bank or employer was served, and 30 days passed with no answer. The garnishee — the third party holding the debtor's money — simply didn't respond. This happens more often than you'd expect, and Maryland law gives you clear escalation tools.

The 30-Day Answer Deadline

Under Maryland Rules 3-645 (non-wage garnishment) and 3-646 (wage garnishment), a garnishee must file a written answer with the court within 30 days of being served with a writ of garnishment.

For bank garnishments, the answer comes as a Confession of Assets (Form DC-CV-061), disclosing what funds the bank holds. For wage garnishments, the employer files its answer on Form DC-CV-065, confirming the debtor's employment and wages.

When neither document appears after 30 days, the garnishee has not answered, but that silence does not automatically establish that it holds the debtor's assets. The next filing depends on whether the writ is for bank funds or wages.

What to File When the Garnishee Does Not Answer

For a bank garnishment, file Form DC-CV-062A (Request for Trial — Garnishment) under Maryland Rule 3-645(f) and (g). It asks the court to set a trial under Rule 3-509 because the bank failed to answer. The court may enter a default judgment against the bank after the hearing based on proof of assets it held.

For a wage garnishment, file a motion asking the court to order the employer to show cause why it should not be held in contempt and required to pay reasonable attorney's fees and costs under Maryland Rule 3-646(f). Do not use Form DC-CV-062 for a garnishee that has not answered.

At the bank trial, be prepared to prove what assets the bank held when it was served. A default judgment may be entered against the bank; it is not automatic merely because no answer was filed.

Motion for Contempt

For wages, Rule 3-646(i) requires the employer to withhold garnishable wages while the writ is in effect and remit them within 15 days after the close of the debtor's last pay period in each month. Rule 3-646(f)'s show-cause procedure applies when the employer fails to file a timely answer. For other property, Rule 3-645(c)(2) directs the garnishee to hold the debtor's property subject to further proceedings or termination of the writ.

Under Maryland Rule 3-646(f), a judgment creditor can seek a show-cause order when an employer fails to file a timely answer. The employer must then appear and explain why it should not be held in contempt and required to pay reasonable attorney's fees and costs.

The rule permits a contempt order and reasonable attorney's fees and costs; it does not make the employer automatically liable for the full judgment merely because it failed to answer.

Why Garnishees Don't Respond

Small employers sometimes don't understand the legal obligation. They receive the writ, don't recognize it as a court order, and set it aside. This is especially common with small businesses that handle their own payroll without legal counsel.

Banks almost always respond — major financial institutions have legal departments that process garnishment writs routinely. If a bank hasn't responded, the most likely explanation is a service problem: the writ was served at the wrong branch, or the certified mail was refused or returned undeliverable.

Defunct businesses can't respond at all. If the employer has closed, you'll need to redirect your enforcement efforts to another asset.

Practical Steps

1. Verify service was completed. Check the court docket for proof of service. If the return receipt shows the writ was refused or undeliverable, re-serve at a confirmed address.
2. Wait the full 30 days from service.
3. For a bank garnishment, file Form DC-CV-062A with the District Court clerk. For a wage garnishment, file a motion for a show-cause order under Rule 3-646(f).
4. Prepare for the hearing. Bring your copy of the served writ, proof of service, and the court docket showing no answer filed; for a bank trial, be ready to prove what assets the bank held.

For the full garnishment workflow — from filing the initial writ through escalation when things go wrong — see our Maryland judgment collection guide.

See more Maryland guides →