$0 Maryland Small Claims Collection Checklist

Maryland Garnishment Exemptions — What a Debtor Can Protect

If you're trying to collect a Maryland judgment, exemptions are the rules that limit how much of the debtor's money and property you can actually reach. Understanding them upfront saves you from filing garnishments that produce nothing.

If you're a debtor facing collection, these are the protections Maryland law gives you automatically — and the ones you have to claim yourself.

The $500 Automatic Bank Exemption

Under CJP § 11-504(b)(5), up to $500 in a debtor's deposit or other account at a depository institution is automatically protected from garnishment. The bank applies this exemption when it receives a writ — the debtor does not need to file anything to claim it.

If the account holds $1,200 when the writ is served, the bank freezes $700 and leaves $500 available to the debtor.

The $6,000 Cash or Property Exemption

CJP § 11-504(b)(6) lets a debtor elect to exempt cash or selected property worth up to $6,000. The $6,000 cap is cumulative with the automatic account protection under § 11-504(b)(5). The debtor must make the election within 30 days after attachment or a sheriff's levy, using Form DC-CV-036 (Motion for Release of Property from Levy/Garnishment) in a garnishment case.

This exemption is elective, meaning it doesn't apply unless the debtor actively claims it. Many debtors don't know it exists.

Wage Garnishment Limits

Maryland's wage exemption under CL § 15-601.1 protects the greater of:

  • 75% of disposable weekly earnings, or
  • 30 times the Maryland minimum wage per week ($15.00 × 30 = $450)

Whichever formula leaves the debtor with more money is the one that applies. If a debtor's disposable earnings are $450 per week or less, their entire paycheck is exempt — nothing can be garnished.

"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.

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Federal Benefits

Social Security, SSI, VA benefits and Railroad Retirement payments are protected under federal law (31 CFR Part 212). When a bank receives a garnishment writ, it must perform an automatic two-month lookback to identify any federal direct deposits. Those funds cannot be frozen regardless of how much is in the account.

This protection is automatic at the bank level. The debtor doesn't need to file a court motion, but they may need to prove the deposit source if the bank's system doesn't flag it automatically.

Other Protected Property

Under CJP § 11-504(b)(1) and (3), Maryland exempts from execution:

  • Wearing apparel, books, tools, instruments or appliances necessary to practice a trade or profession, up to $5,000 in value (excluding items kept for sale, lease or barter)
  • Professionally prescribed health aids for the debtor or a dependent

Property held by married spouses as "tenants by the entireties" is also protected from a judgment entered against only one spouse. The creditor would need a judgment against both spouses to reach that property.

What This Means for Creditors

If you're collecting a judgment, exemptions don't make collection impossible — they define the boundaries. A debtor with $500 in the bank and no job is effectively judgment-proof right now, but that can change. Maryland judgments last 12 years and can be renewed for another 12, giving you a long window to wait for the debtor's financial situation to improve.

The practical approach: check whether the debtor has garnishable wages above the $450 weekly floor, whether their bank account typically holds more than $500, and whether they own real property you could lien. Public records can help identify real property or business records, but they do not reveal bank accounts or employment.

For a full breakdown of exemption rules, wage garnishment math and enforcement strategy, see our Maryland Small Claims Judgment Collection Guide.

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