What is the process for obtaining a garnishment order in a small claims court case?

In Maryland, a garnishment order is a court order that allows a creditor to collect money from a debtor’s wages. Obtaining a garnishment order in a small claims court case is a multi-step process. First, the creditor must file a claim in small claims court. The claim should state the amount of money owed by the debtor and any legal reasons the creditor may have for filing the claim. Once a claim is filed, the small claims court will issue a summons to the debtor that includes the date and time of the hearing. On the day of the hearing, the court will hold a trial to determine if the debtor owes the money and, if so, how much. The debtor and creditor can present evidence during the trial and can call witnesses to testify. After the court makes its decision, the creditor must file a Motion for Garnishment. This document should include the court’s decision, the amount of money the debtor owes, and a statement that the debtor has not paid the money. The court will then review the motion and, if approved, will issue a garnishment order. Once a garnishment order is issued, the court will serve it to the debtor’s employer. The employer must then begin to deduct a portion of the debtor’s wages to pay the creditor. The garnishment order will remain in effect until the debt is fully paid.

Related FAQs

Can I request a trial by written declaration in small claims court?
What types of disputes are eligible for small claims court?
Are there any other remedies available to me for nonpayment of a small claims court judgment?
How long does it take to pursue a claim in small claims court?
What is the statute of limitations for filing a claim in small claims court?
How do I find out the status of my small claims court case?
What is the difference between small claims court and civil court?
Are there alternate dispute resolution options available in small claims court?
Are there limits on the types of disputes that can be heard in small claims court?
Can I submit evidence by mail in a small claims court case?

What is the process for obtaining a garnishment order in a small claims court case?

Related FAQs

Related Blog Posts