Legal Question in Credit and Debt Law in Maryland
collection of Judgement against two parties...
I have a court judgement against two plaintiffs in the same case. I want to go for a garnishment of wages, but how is the judgement divided in a case like this? Is each party responsible for the whole amount or do i ask for half of the judgement from each person?
One individual has a steady job with a federal agency and i think that collection from this person may be my best chance. How should i proceed?
1 Answer from Attorneys
Re: collection of Judgement against two parties...
It will depend on exactly how the judgment is worded. It is possible for a judgment to be "joint and several", which means that both are fully liable for the debt. IF that is the case, then it would be appropriate to file a garnishment against both debtors listing the full amount of the judgment against each. However, a creditor is NOT entitled to collect the full judgment twice; wage garnishments require a creditor to file monthly reports with the court indicating all payments on the debt and the balance remaining; so if a creditor is collecting from two debtors, the monthly reports would show the the balance going down by the amounts received under both garnishments.
There are some risks in representing yourself in collection matters. Please feel free to call me directly if you have any questions.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
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