Can I Collect That Judgment? What is a Garnishment?
We’ve discussed in other chapters the bane of Baltimore personal injury litigation, for victims and lawyers alike– the uninsured defendant. The same sort of frustration can set in where there is limited insurance, and a sizeable excess judgment above the policy limit. As Attorney Eric T. Kirk will tell you.
There are more than a few lawyers who’ve obtained large judgments for the victims of car and automobile accidents, but can’t collect because that defendant has no insurance, no job, and no assets.
The availability and amount of insurance is a significant factor in determining the value of a case, as a case against an uninsured person may have no value at all. Maryland law allows for a garnishment of a judgment debtor’s wages, generally up to 25% of the “disposable wages”, and obligates employers to make the deductions and forward the payments to the judgment creditor. Ther are certain exemptions and other defenses the judgment debtor can raise. While the garnishment procedure is a matter or relatively straightforward compliance with a statute, investigating and determining who the appropriate garnishee is can be daunting.
I offer a free case analysis, evaluation and strategy planning meeting to my clients. Contact me today to schedule a session. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
