Maryland 2025 Regular Session

Maryland House Bill HB393 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb0393*
66
77 HOUSE BILL 393
88 I4 5lr2595
99 CF SB 31
1010 By: Delegate Queen
1111 Introduced and read first time: January 16, 2025
1212 Assigned to: Economic Matters
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Commercial Law – Attachment of Wages – Exemptions 2
1919 (Exempt Income Protection Act) 3
2020
2121 FOR the purpose of altering the amount of wages of a judgment debtor that are exempt 4
2222 from attachment; requiring an employer served with an attachment to make certain 5
2323 notifications to a judgment debtor; and generally relating to exemptions from 6
2424 attachment. 7
2525
2626 BY repealing and reenacting, with amendments, 8
2727 Article – Commercial Law 9
2828 Section 15–601.1 and 15–603 10
2929 Annotated Code of Maryland 11
3030 (2013 Replacement Volume and 2024 Supplement) 12
3131
3232 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
3333 That the Laws of Maryland read as follows: 14
3434
3535 Article – Commercial Law 15
3636
3737 15–601.1. 16
3838
3939 (a) In this section, “disposable wages” means the part of wages that remain after 17
4040 deduction of any amount required to be withheld by law. 18
4141
4242 (b) The following are exempt from attachment: 19
4343
4444 (1) The greater of: 20
4545
4646 (i) [75 percent] 75% of the disposable wages AND SOCIAL 21
4747 SECURITY, DISABILITY, OR UNEMPLOYMENT BENE FITS due; or 22 2 HOUSE BILL 393
4848
4949
5050
5151 (ii) [30 times the State minimum hourly wage in effect at the time 1
5252 the wages are due,] 150% OF THE FEDERAL POVER TY LEVEL FOR WEEKLY INCOME AS 2
5353 DETERMINED BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A 3
5454 HOUSEHOLD OF THE JUD GMENT DEBTOR ’S SIZE multiplied by the number of weeks 4
5555 during which the wages due were earned; and 5
5656
5757 (2) Any medical insurance payment deducted from an employee’s wages by 6
5858 the employer. 7
5959
6060 (c) The amount subject to attachment shall be calculated per pay period 8
6161
6262 15–603. 9
6363
6464 (a) While the attachment remains a lien, the employer/garnishee shall withhold 10
6565 all attachable wages payable to the judgment debtor and remit the amount withheld to the 11
6666 judgment creditor or his legal representative within 15 days after the close of the last pay 12
6767 period in each month. 13
6868
6969 (b) If the employer/garnishee is served with more than one attachment against 14
7070 the same judgment debtor, then the attachments shall be satisfied in the order in which 15
7171 they were served, and each prior attachment must be satisfied before any effect can be 16
7272 given to a subsequent attachment. 17
7373
7474 (C) WHEN AN EMPLOYER /GARNISHEE IS SERVED WITH AN ATTACHMENT , 18
7575 THE EMPLOYER /GARNISHEE SHALL NOTI FY THE JUDGMENT DEBT OR IN WRITING OF: 19
7676
7777 (1) THE AMOUNT OF WAGES E XEMPT FROM ATTACHMEN T UNDER § 20
7878 15–601.1 OF THIS SUBTITLE; 21
7979
8080 (2) THE METHOD USED TO CA LCULATE THE AMOUNT O F ATTACHABLE 22
8181 WAGES; AND 23
8282
8383 (3) THE PROCEDURE BY WHIC H THE JUDGMENT DEBTO R MAY 24
8484 CONTEST THE ATTACHME NT UNDER MARYLAND RULE 3–646. 25
8585
8686 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
8787 1, 2025. 27
8888