Legal Question in Civil Litigation in Maryland

Judgement against me for $25,000 + $6,150 in fees. Awarded in 2004. Didn't get processed. Either did not get communication from the court or ignored limited communication I got from receipient. 2009 new activity, writ of attachement issued, garnishment ordered to customers. Receipient has been paid a little less than $18,000 so far in court ordered garnishment. Filed a motion for assets, my business telephone number, mail box, etc address. No hearing issued or given, motion granted. 10 days to give up the telephone number and address... What can I do to prevent this.... HELP!


Asked on 3/04/10, 4:36 pm

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Unfortunately it is extremely difficult to undo an enrolled judgment unless you have clear proof of fraud or serious mistake/ irregularity in the process. Judgments accrue interest at 10% per year in this state so they can continue to grow even after the fact. I'm not sure if your question is asking what you can do to attack the judgment or to stop the garnishment activity.

While re-examining the judgment itself is unlikely, the law does offer judgment debtors some limited exemptions from collection, so you may be able to claim some property as exempt and protect it from attachment. As far as the discovery to get your asset information, creditors have broad rights to get such information and it will be difficult to prevent this. In fact, if the creditor's motion was to compel your response to some earlier discovery you will want to address this immediately. The court does not need to hold a hearing before ruling on a motion. In some cases, bankruptcy is an option to wipe out a judgment. In others, it may be possible to negotiate with the judgment creditor. However, your options depend very heavily on the specific facts.

You may want to have an attorney review the judgment, pending garnishments and discovery to help you formulate a plan to address this.

Read more
Answered on 3/09/10, 5:50 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Maryland