Legal Question in Civil Litigation in Maryland

Breach of contract~~~If you are sued by a plaintiff for breach of contract , during that time the defendant was unemployed, Will the plaintiff have to find out the defendant is working again and have there employer notified to initiate wage garnishments, or will the garnishments start immediately as soon as the defendant starts working again. ~State of Maryland

Asked on 9/30/13, 5:51 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If a plaintiff gets a judgment against a defendant, and serves a garnishment on who he believes to be the defendant's employer, the employer has 30 days in which to file an answer, either acknowledging the employment and indicating the amount of wages being paid, or denying that there is currently an employment relationship. Once the answer is filed denying employment, the garnishment will be dismissed by the court in 15 days unless the plaintiff disputes the employer's response and requests a hearing. If, after dismissal of the garnishment, the employment relationship resumes, a new garnishment would have to be filed. If the garnishment is still active when employment resumes, the employer would have to amend its answer and start withholding from the employee's paycheck as required by the law and rules.

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Answered on 10/01/13, 5:51 am

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