Legal Question in Credit and Debt Law in Maryland

Wrongful Garnishment

On July 13, 1999, judgement was entered against me at

the conclusion of a hearing. On July 28, 1999,

I sent payment for the full amount of $1,185

to the plaintiff's attorney. The attorney responded on

August 11 acknowledging the receipt of the

payment but stated that I owed an additional

$15 for court costs and interest. I responded

that it was petty to ask for $5 in interest

and demanded to know where the $10 court cost

came from.

To my utmost shock, I received a letter from

my bank on September 15 stating that my

checking account had been garnished for the

sum of $1,345. I filed a motion in court the

following day asking the judge to revoke

the writ of garnishment, but the attorney for

the plaintiff filed a counter-motion asking

the judge to deny. We are yet to meet for the

hearing for the motions.

My question is, did the attorney misuse the

process of garnishment, and if so, what

recourse do I have since I incurred costs

for garnishment and several NSF on my account?

Thank you.


Asked on 9/24/99, 12:43 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Wrongful Garnishment

You do owe the court costs and whatever interest had accrued.

When filing with the Court the garnishment writ, the Plaintiff should have noted the credit in the amount you paid, leaving only the $15 or so to garnish. If he did not do that, he is subject to sanctions, and if the attorney regularly collects debts, he could be liable under the Fair Debt Collection Practices Act.

If the garnishment was filed before the check was received, of course, it would properly not show the credit. But the creditor's lawyer is committing fraud if he asks for more than the costs and interest.

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Answered on 9/24/99, 9:31 pm


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