Title 15. Debt Collection -- Special Provisions — Subtitle 6. Attachment of Wages

In this subtitle the following words have the meanings indicated.

“Employee” includes an employee whether he is a resident or nonresident of the State.

“Wages” means all monetary remuneration paid to any employee for his employment.

In this section, “disposable wages” means the part of wages that remain after deduction of any amount required to be withheld by law.

The following are exempt from attachment:

The amount subject to attachment shall be calculated per pay period.

When an attachment is levied against the wages of a judgment debtor, it shall constitute a lien on all attachable wages that are payable at the time the attachment is served or which become payable until the judgment, interest, and costs, as specified in the attachment, are satisfied.

Any waiver of the limitations contained in § 15-601.1(b)(1) and (2) of this subtitle is void.

While the attachment remains a lien, the employer/garnishee shall withhold all attachable wages payable to the judgment debtor and remit the amount withheld to the judgment creditor or his legal representative within 15 days after the close of the last pay period in each month.

If the employer/garnishee is served with more than one attachment against the same judgment debtor, then the attachments shall be satisfied in the order in which they were served, and each prior attachment must be satisfied before any effect can be given to a subsequent attachment.

Within 15 days after the end of each month, the judgment creditor shall furnish the employer/garnishee and the judgment debtor a written statement showing all payments that were credited to the account of the judgment debtor during that month. However, this subsection shall not apply if no payments were received by the judgment creditor during that month.

The judgment creditor shall within 15 days after the satisfaction of the judgment, interest, and costs notify in writing the employer/garnishee and the clerk of the court of the satisfaction.

All payments received by a judgment creditor shall be credited first against the accrued interest on the unpaid balance of the judgment, if any, second upon the principal amount of the judgment, and third upon those attorney’s fees and costs actually assessed in the cause.

If the judgment creditor fails to comply with the obligations imposed by this section, then the court may set aside the attachment and order the judgment creditor to pay reasonable attorney’s fees and costs of the party seeking to set aside the attachment.

An employer may not discharge his employee because the employee’s wages are subjected to attachment for any one indebtedness within a calendar year.

Any employer who willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year or both.

Wages, due from or payable by the State, or a county, municipal corporation, or other political subdivision, and the public officers of the State or a county, municipal corporation, or other political subdivision to an individual, are subject to attachment process brought for the enforcement of the private legal obligations of the individual in the same manner and to the same extent as if the State, county, municipal corporation, or other political subdivision, and their respective public officers, were a private person.

The State, or a county, municipal corporation, or other political subdivision, and their respective public officers, may deduct and retain from the individual’s wages an additional $2 for each deduction made under the attachment process of this subtitle or under Title 31, U.S.C. § 3720D.