Question 1

What is a claim of exemption in Maryland?

Accepted Answer

A Maryland claim of exemption is a request you file with the court to protect wages or bank funds from a garnishment. It tells the court that some or all of the money is exempt, meaning the law does not let a creditor take it. In Maryland you raise it by filing a Motion, form DC-002, with the court that issued the judgment, and you can file it at any time while the garnishment is in effect.

Question 2

What is the difference between a claim of exemption and an objection to a garnishment in Maryland?

Accepted Answer

An objection challenges whether the garnishment itself is proper, such as a wrong amount, the wrong person, or a defective writ. A claim of exemption accepts that the debt exists but says the specific wages or funds are legally protected. In Maryland the same Motion under Rule 3-646 lets you assert a defense, an objection, or an exemption, so you can raise them together.

Question 3

How much of my paycheck can be garnished in Maryland?

Accepted Answer

Under Commercial Law section 15-601.1(b) the exempt amount is the greater of 75 percent of your weekly disposable wages, or the amount by which they exceed 30 times the Maryland minimum hourly wage. A creditor can reach only what is left after that. Disposable wages are what remains after legally required deductions, and Maryland measures the floor against its own minimum wage.

Question 4

How long do I have to file a claim of exemption in Maryland?

Accepted Answer

Under Maryland Rule 3-646(e) you may file a motion asserting your exemption at any time while the garnishment is in effect, so there is no short day-count for wage garnishment. Even so, money is withheld from each paycheck until the court rules, so you should file as soon as you learn of the garnishment to limit what you lose.

Question 5

What income is exempt from garnishment in Maryland?

Accepted Answer

Social Security, Supplemental Security Income, disability, veterans benefits, and many pensions and public benefits are exempt from garnishment for ordinary debts, no matter how much you owe. At least 75 percent of ordinary disposable wages is also protected under Maryland law. If exempt benefits are frozen in a bank account, a claim of exemption is how you get them released.

Question 6

Can I protect my wages if I support my family in Maryland?

Accepted Answer

Maryland does not add a separate head-of-household exemption on top of the wage cap the way some states do. Your earnings are protected at the greater of 75 percent of disposable wages or the amount above 30 times the Maryland minimum wage. If money you need for support comes from an exempt source like Social Security, you can claim that on your motion.

Question 7

Where do I file a Maryland claim of exemption?

Accepted Answer

You file a Motion, form DC-002, with the court that issued the judgment and the writ of garnishment. Maryland does not use a separate statewide claim-of-exemption form for wages, so the Motion is how you raise the exemption. Bring proof of your income and of any exempt sources of the money to the hearing the court schedules.

Question 8

What happens after I file a claim of exemption in Maryland?

Accepted Answer

When you file a motion asserting a defense, objection, or exemption, the court schedules a hearing promptly. At the hearing you show that the wages or funds are exempt, and the creditor must justify the garnishment. If the court agrees the money is protected, it releases those funds and stops or reduces the garnishment. Until then, money generally keeps being withheld.

Maryland Claim of Exemption

Introduction

Key Things to Know

Key decisions before you file

Customize your Claim of Exemption Template with DocDraft

Maryland Requirements for Claim of Exemption

Maryland Filing Deadline and Office

Frequently Asked Questions