Saturday, 28 June 2014

My daughter-in-law's Condo association put a surprise hold on her bank account when they are already garnishing her paycheck. Even the garni...

Question

My daughter-in-law's Condo association put a surprise hold on her bank account when they are already garnishing her paycheck. Even the garnishment is a financial hardship as her husband is disabled. Is this legal?



Answer

"Financial hardship" is not a defense to a garnishment. Bankruptcy may be a good option for her to stop both garnishments.



Answer

Yes, it is legal for a judgment creditor to garnish. While bankruptcy is one option if the overall situation warrants, an easier and cheaper approach may be to simply claim the exemptions allowed by Maryland law. Maryland law allows an individual debtor to exempt up to $6,000 worth of property/cash from garnishment, although the exemption is not automatic and the debtor must file with the court to ask for the exemption within a timely fashion.

While not legal advice, I hope that this general legal information helps!



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