I have a civil district court judgment against me for medical bills. They have been garnishing my wages for 2 months but I have not received the notice required by md rule 6-646(j)(3). Can I file a motion to have the garnishment stopped? And if it is stopped can they just file a new one?
2 Answers from Attorneys
You may want to speak with a qualified Bankruptcy attorney. Assuming you are eligible, bankruptcy could help wipe out the the judgement. You may even be entitled to a refund of some of the amounts already garnished. Feel free to call my office at 240-329-4616 to set up a free bankruptcy consultation.
1. Have you spoken with your employer? You would've gotten notice before the garnishment started. You should have had an opportunity to file for exemptions, etc.
2. There might be a way to stop it if there were real procedural irregularities - meaning if you actually didn't get any type of notice - ever.
You should have had an opportunity to claim your exemptions - the property and money that you are allowed to keep - that can not be garnished. The exemption paperwork would have been included with the notice.
Yes, even if you stopped the current garnishment because the rules weren't followed, they would be allowed to file the garnishment properly with the correct notice. If you owe people money they are allowed to try to collect it. Repeatedly, until you give it to them. So, they probably would just start over.
You also should have/would have gotten notice of the initial court case. When they first sued you. That is why i tis always best to respond to court documents. The other said can say anything and if you are not there to defend yourself, tell the court your financial situation, or to negotiate with the creditor, then the judge has to decide based on what the creditor says.
The only ways I know to stop garnishments permanently are - paying the bill, and bankruptcy.