Rule 3-646.Garnishment of wages

District Court · Last amended October 1, 1994 · Last verified July 13, 2026

In one sentenceRule 3-646 walks through wage garnishment — issuing the writ, the employer's answer, how withheld wages get remitted, and when the garnishment automatically ends.

Full Text of Rule 3-646

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a) Applicability. — This Rule governs garnishment of wages under Code, Commercial Law Article, §§ 15-601 through 15-606.

(b) Issuance of writ. — The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was obtained a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of the judgment debtor, and (4) the name and address of the garnishee. Upon filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee together with a blank answer form provided by the clerk.

(1) contain the information in the request, the name and address of the person requesting the writ, and the date of issue,

(2) notify the garnishee of the time within which the answer must be filed and that failure to do so may result in the garnishee being held in contempt,

(3) notify the judgment debtor and garnishee that federal and state exemptions may be available,

(4) notify the judgment debtor of the right to contest the garnishment of wages by filing a motion asserting a defense or objection.

(d) Service. — The writ and answer form shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Upon issuance of the writ, a copy of the writ shall be mailed to the debtor’s last known address. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321.

(e) Response of garnishee and debtor. — The garnishee shall file an answer within 30 days after service of the writ. The answer shall state whether the debtor is an employee of the garnishee and, if so, the rate of pay and the existence of prior liens. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the debtor could assert. The debtor may file a motion at any time asserting a defense or objection.

(f) When no answer filed. — If the garnishee fails to file a timely answer, the court on motion of the creditor may order the garnishee to show cause why the garnishee should not be held in contempt and required to pay reasonable attorney’s fees and costs.

(g) When answer filed. — If the answer denies employment, the clerk shall dismiss the proceeding against the garnishee unless the creditor files a request for hearing within 15 days after service of the answer. If the answer asserts any other defense or if the debtor files a motion asserting a defense or objection, a hearing on the matter shall be scheduled promptly.

(h) Interrogatories to garnishee. — Interrogatories may be served on the garnishee by the creditor in accordance with Rule 3-645 (h).

(i) Withholding and remitting of wages. — While the garnishment is in effect, the garnishee shall withhold all garnishable wages payable to the debtor. If the garnishee has asserted a defense or is notified that the debtor has done so, the garnishee shall remit the withheld wages to the court. Otherwise, the garnishee shall remit them to the creditor or the creditor’s attorney within 15 days after the close of the debtor’s last pay period in each month. The garnishee shall notify the debtor of the amount withheld each pay period and the method used to determine the amount. If the garnishee is served with more than one writ for the same debtor, the writs shall be satisfied in the order in which served.

(j) Duties of the creditor. —

(1) Payments received by the creditor shall be credited first against accrued interest on the unpaid balance of the judgment, then against the principal amount of the judgment, and finally against attorney’s fees and costs assessed against the debtor.

(2) Within 15 days after the end of each month in which one or more payments are received from any source by the creditor for the account of the debtor, the creditor shall mail to the garnishee and to the debtor a statement disclosing the payments and the manner in which they were credited. The statement shall not be filed in court, but the creditor shall retain a copy of each statement until 90 days after the termination of the garnishment proceeding and make it available for inspection upon request by any party or by the court.

(3) If the creditor fails to comply with the provisions of this section, the court upon motion may dismiss the garnishment proceeding and order the creditor to pay reasonable attorney’s fees and costs to the party filing the motion.

(k) Termination of garnishment. — A garnishment of wages terminates 90 days after cessation of employment unless the debtor is reemployed by the garnishee during that period.

End

Amendment History

Amended Nov. 20, 1984, effective Jan. 1, 1985; June 7, 1994, effective Oct. 1, 1994; Oct. 5, 1999.

Committee Note & Source

Source. This Rule is derived as follows: Section (a) is derived from former M.D.R. F6 a. Section (b) is new. Section (c) is in part derived from former M.D.R. F6 b and in part new. Section (d) is in part derived from former M.D.R. F6 c and in part new. Section (e) is derived from former M.D.R. F6 d and k. Section (f) is derived from former M.D.R. F6 f. Section (g) is in part derived from former M.D.R. F6 e and in part new. Section (h) is derived from former M.D.R. F6 g. Section (i) is in part derived from former M.D.R. F6 h and in part new.

Section (j) is derived from former M.D.R. F6 j.

Section (k) is derived from former M.D.R. F6 i.

Plain-English Summary

Rule 3-646 governs garnishing a debtor's wages under the Commercial Law Article's wage-garnishment provisions. The creditor starts it the same way as a property garnishment — a request with the caption, amount owed, and the debtor's and garnishee's names and addresses — and the clerk issues a writ along with a blank answer form. The writ has to warn the garnishee that missing the answer deadline can lead to a contempt finding, notify both debtor and garnishee that exemptions may apply, and tell the debtor how to contest the garnishment. It's served like other process for personal jurisdiction, and a copy goes to the debtor's last known address once issued.

The garnishee (the employer) has 30 days to answer, stating whether the debtor works there, the pay rate, and any prior liens on the wages; it can raise its own defenses or the debtor's. If the garnishee never answers, the court can order it to show cause why it shouldn't be held in contempt and pay fees and costs. If the answer denies employment, the case against the garnishee gets dismissed unless the creditor asks for a hearing within 15 days; any other defense, or a motion filed by the debtor, gets a prompt hearing instead.

Once garnishment takes hold, the employer withholds all garnishable wages. Money goes to the court if a defense has been raised; otherwise it goes to the creditor or the creditor's attorney within 15 days after the debtor's last pay period each month, with the debtor notified of the amount and method each time. Multiple writs against the same debtor get satisfied in the order they were served. The creditor, in turn, has to apply payments first to interest, then principal, then fees and costs, and send the garnishee and debtor a monthly accounting — kept on hand, not filed with the court, for 90 days after the garnishment ends. Failing to do that can get the whole garnishment dismissed, with fees and costs assessed against the creditor. Absent an earlier end, the garnishment terminates automatically 90 days after the debtor stops working there, unless the same employer rehires the debtor within that window.

Frequently Asked Questions

What must the employer state in its answer?

Whether the debtor is its employee, and if so, the debtor's rate of pay and whether any prior liens exist on the wages.

What happens if the employer says the debtor doesn't work there?

The clerk dismisses the case against the garnishee unless the creditor requests a hearing within 15 days after the answer is served.

How often does the employer have to send withheld wages, and to whom?

If no defense has been raised, the employer remits withheld wages to the creditor or the creditor's attorney within 15 days after the close of the debtor's last pay period each month. If a defense has been raised, the money goes to the court instead.

What does the creditor have to do with the payments it receives?

Apply them first to accrued interest, then to the judgment's principal, then to attorney's fees and costs, and mail the garnishee and debtor a monthly statement showing the payments and how they were credited.

When does a wage garnishment end on its own?

90 days after the debtor stops working for the garnishee, unless the same employer rehires the debtor during that 90-day period.

Source & verification. Rule text, Committee Note, Source note, and amendment history are reproduced verbatim from the Maryland Rules, adopted by the Supreme Court of Maryland. Last verified July 13, 2026. · Official source

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