Rule 2-645.1.Garnishment of account in financial institution

Federal regulations shield certain benefit payments — Social Security among them — once they land in a bank account by direct deposit. Rule 2-645.1 folds that federal scheme into Maryland's garnishment procedure for any account covered by it, borrowing its definitions directly from the federal regulation. Rule 2-645 still governs the garnishment, but where the two conflict, this rule controls, and any federal requirement not already covered by Rule 2-645 applies on top of it.

Unless a federal Notice of Right to Garnish Federal Benefits already accompanies the writ, the writ served on a covered financial institution has to direct it not to hold any protected amount — whether already in the account or arriving later — and to otherwise follow the federal rules. The writ must also warn the debtor that some federal benefits are automatically shielded and won't be held, and that a claim covering any non-protected amount has to be filed within 30 days of service on the garnishee. When the garnishee answers, it only has to say whether a protected amount exists, not the exact figure, though it must still identify and hold any non-protected funds the account contained as of the account review. If everything the garnishee holds turns out to be protected, the garnishee asks the court, as part of its answer, for judgment ending the garnishment.