Legal Question in Credit and Debt Law in Maryland
Garnishment
My employee was served with a garnishment. She had co-signed for an apartment for her sister, who defaulted on the rent. The sister had been paying $50 a week on the money owed and was told by the collection agency that the amount wasn't enough. The collector said she wanted more and would get it. My employee was not aware of a hearing taking place on this matter. The end result was the garnishment of the co-signer. What laws support the garnishment? Is there anything that can be done in my employee's defense?
2 Answers from Attorneys
Re: Garnishment
In order for a writ of garnishment to have been issued by the court, there must FIRST have been a judgment entered against the employee. Such would have required the service of a complaint and summons upon your employee. This would have been followed by numerous pieces of official correspondence from the court to the employee's address as indicated on the complaint.
If service was never properly obtained, then the judgment itself may be subject to challenge -- and with it the garnishment as well.
Your employee should seek some legal assistance to determine her rights and options.
Note -- employee may also have a claim for contribution against the sister who defaulted on the lease.
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.
Re: Garnishment
It sounds like your employee can file a motion with the court to vacate the order granting the garnishiment, on the grounds that she never received notice of the hearing. - Michael Worsham, [email protected]
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