Dundalk, MD asked in Banking and Consumer Law for Maryland

Q: Is a company allowed to completely drain your bank account to where its in the negative

My mother owes a company 7,000 they filed a lawsuit and won. Now they take 25%of her check and are draining her bank account empty so its overdrawn and she cant pay other bills is that allowed?

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
  • Business Law Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: Your mother would benefit from some legal advice. Generally it is difficult to recapture funds once they are taken. A judgment creditor has various enforcement rights and they include the right to seize assets belonging to the person who owes the judgment. These include the right to get a certain portion of someone's paycheck.

Maryland law offers some protection to judgment debtors so that people are not deprived of every last penny. Besides limiting the amount of money that can be taken out of wages each week, Maryland gives judgment debtors an exemption from garnishment for around $6,000 worth of personal exemptions but exemptions are not automatic and the debtor must assert them.

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