Washington, DC asked in Bankruptcy and Collections for Maryland

Q: I have a wage garnishment for a credit card. The company hasn’t sent me any statements. Can I take them back to court?

I haven’t received any statement showing where the garnishment is going.

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3 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Consumer Law Lawyer
  • Jacksonville, FL

A: Statements stopped when the account charged off. The garnishments are applied to the judgment; the law firm handling the garnishment keeps the balance and will give you a balance on occasion. They will not send you a monthly statement.

Timothy Denison agrees with this answer

Leonard A Englander
Leonard A Englander
Answered
  • Collections Lawyer
  • Annapolis, MD
  • Licensed in Maryland

A: If I understand you correctly, they got a judgment against you and have filed a wage garnishment against you, correct?

If so, then under MD law, they are required each month to send you a Judgment Creditor report, which shows a breakdown of the amounts paid and allocation. If they haven't been doing that, then you can file with the Court. Here is a handy article from People's Law Library that goes into the subject in depth:

https://www.peoples-law.org/garnishment

Please note though that if you have moved or the like, it is entirely possible that they are sending them to your old address, which would not be their fault.

Timothy Denison agrees with this answer

Kim D Parker
Kim D Parker
Answered
  • Bankruptcy Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: In Maryland, the Creditor that is garnishing you must provide Judgment Creditor’s Monthly Report to both you and your employer within 15 days after the end of any month in which payments are received. If they are not providing same to you, a Motion can be filed for sanctions. This report will show you your balance, how your payments were applied, and how much interest is left. It is a mandatory form.

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