1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *sb0031* |
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6 | 6 | | |
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7 | 7 | | SENATE BILL 31 |
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8 | 8 | | I4 5lr1474 |
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9 | 9 | | (PRE–FILED) |
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10 | 10 | | By: Senator Ellis |
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11 | 11 | | Requested: October 29, 2024 |
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12 | 12 | | Introduced and read first time: January 8, 2025 |
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13 | 13 | | Assigned to: Finance |
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14 | 14 | | |
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15 | 15 | | A BILL ENTITLED |
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16 | 16 | | |
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17 | 17 | | AN ACT concerning 1 |
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18 | 18 | | |
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19 | 19 | | Commercial Law – Attachment of Wages – Exemptions 2 |
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20 | 20 | | (Exempt Income Protection Act) 3 |
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21 | 21 | | |
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22 | 22 | | FOR the purpose of altering the amount of wages of a judgment debtor that are exempt 4 |
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23 | 23 | | from attachment; requiring an employer served with an attachment to make certain 5 |
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24 | 24 | | notifications to a judgment debtor; and generally relating to exemptions from 6 |
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25 | 25 | | attachment. 7 |
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26 | 26 | | |
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27 | 27 | | BY repealing and reenacting, with amendments, 8 |
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28 | 28 | | Article – Commercial Law 9 |
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29 | 29 | | Section 15–601.1 and 15–603 10 |
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30 | 30 | | Annotated Code of Maryland 11 |
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31 | 31 | | (2013 Replacement Volume and 2024 Supplement) 12 |
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32 | 32 | | |
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33 | 33 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 |
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34 | 34 | | That the Laws of Maryland read as follows: 14 |
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35 | 35 | | |
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36 | 36 | | Article – Commercial Law 15 |
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37 | 37 | | |
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38 | 38 | | 15–601.1. 16 |
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39 | 39 | | |
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40 | 40 | | (a) In this section, “disposable wages” means the part of wages that remain after 17 |
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41 | 41 | | deduction of any amount required to be withheld by law. 18 |
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42 | 42 | | |
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43 | 43 | | (b) The following are exempt from attachment: 19 |
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44 | 44 | | |
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45 | 45 | | (1) The greater of: 20 |
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46 | 46 | | 2 SENATE BILL 31 |
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47 | 47 | | |
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48 | 48 | | |
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49 | 49 | | (i) [75 percent] 75% of the disposable wages AND SOCIAL 1 |
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50 | 50 | | SECURITY, DISABILITY, OR UNEMPLOYMENT BENEFIT S due; or 2 |
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51 | 51 | | |
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52 | 52 | | (ii) [30 times the State minimum hourly wage in effect at the time 3 |
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53 | 53 | | the wages are due,] 150% OF THE FEDERAL POVERTY LEVE L FOR WEEKLY INCOME AS 4 |
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54 | 54 | | DETERMINED BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A 5 |
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55 | 55 | | HOUSEHOLD O F THE JUDGMENT DEBTO R’S SIZE multiplied by the number of weeks 6 |
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56 | 56 | | during which the wages due were earned; and 7 |
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57 | 57 | | |
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58 | 58 | | (2) Any medical insurance payment deducted from an employee’s wages by 8 |
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59 | 59 | | the employer. 9 |
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60 | 60 | | |
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61 | 61 | | (c) The amount subject to attachment shall be calculated per pay period 10 |
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62 | 62 | | |
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63 | 63 | | 15–603. 11 |
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64 | 64 | | |
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65 | 65 | | (a) While the attachment remains a lien, the employer/garnishee shall withhold 12 |
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66 | 66 | | all attachable wages payable to the judgment debtor and remit the amount withheld to the 13 |
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67 | 67 | | judgment creditor or his legal representative within 15 days after the close of the last pay 14 |
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68 | 68 | | period in each month. 15 |
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69 | 69 | | |
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70 | 70 | | (b) If the employer/garnishee is served with more than one attachment against 16 |
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71 | 71 | | the same judgment debtor, then the attachments shall be satisfied in the order in which 17 |
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72 | 72 | | they were served, and each prior attachment must be satisfied before any effect can be 18 |
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73 | 73 | | given to a subsequent attachment. 19 |
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74 | 74 | | |
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75 | 75 | | (C) WHEN AN EMPLOYER/GARNISHEE IS SERVED WITH AN ATTACHMENT , 20 |
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76 | 76 | | THE EMPLOYER/GARNISHEE SHALL NOTIFY THE JUDGMENT DEBTOR IN WRITING OF: 21 |
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77 | 77 | | |
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78 | 78 | | (1) THE AMOUNT OF WAGES E XEMPT FROM ATTACHMENT UNDER § 22 |
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79 | 79 | | 15–601.1 OF THIS SUBTITLE; 23 |
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80 | 80 | | |
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81 | 81 | | (2) THE METHOD USED TO CA LCULATE THE AMOUNT O F ATTACHABLE 24 |
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82 | 82 | | WAGES; AND 25 |
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83 | 83 | | |
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84 | 84 | | (3) THE PROCEDURE BY WHIC H THE JUDGMENT DEBTO R MAY 26 |
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85 | 85 | | CONTEST THE ATTACHME NT UNDER MARYLAND RULE 3–646. 27 |
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86 | 86 | | |
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87 | 87 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28 |
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88 | 88 | | 1, 2025. 29 |
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