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Session Laws, 1997
Volume 795, Page 3355   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 609

(C)     WHEN THE ADMINISTRATION SERVES AN EMPLOYER WITH AN EARNINGS
WITHHOLDING ORDER UNDER THIS SECTION, THE ADMINISTRATION SHALL SEND
TO THE OBLIGOR, BY REGULAR MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED.
AND FIRST-CLASS MAIL,
AT THE OBLIGOR'S LAST KNOWN HOME ADDRESS OR, IF THE
HOME ADDRESS IS UNKNOWN, THE PLACE OF EMPLOYMENT LAST REPORTED TO
THE COURT:

(1)     A COPY OF THE EARNINGS WITHHOLDING ORDER;

(2)     A STATEMENT OF THE PROCEDURES UNDER § 10-132 OF THIS
SUBTITLE THAT THE OBLIGOR MUST FOLLOW TO TERMINATE EARNINGS
WITHHOLDING;

(3)     THE FORM AUTHORIZED UNDER § 10-132 OF THIS SUBTITLE; AND

(4)     A STATEMENT OF THE OBLIGOR'S RIGHT TO CONTEST SERVICE OF
AN EARNINGS WITHHOLDING ORDER BY MOVING FOR A STAY OF THE ORDER NO
LATER THAN 15 DAYS AFTER A COPY OF THE WITHHOLDING ORDER IS MAILED TO
THE OBLIGOR UNDER THIS SECTION; AND

(5)     A STATEMENT OF THE AMOUNT OF ARREARS APPORTIONED TO
EACH PAYMENT THAT IS TO BE INCLUDED IN THE AMOUNT OF EARNINGS
WITHHELD UNDER § 10-121 OF THIS SUBTITLE.

(D)    THE ONLY ISSUES THAT MAY BE ADJUDICATED AT A HEARING UNDER
SUBSECTION (C) (4) OF THIS SECTION ARE:

(1) WHETHER AN ARREARAGE IN ANY AMOUNT EXISTED;

(2) THE AMOUNT OF THE ARREARAGE;

(2) (3) THE IDENTITY OF THE OBLIGOR; AND

(3) (4) THAT THE AMOUNT OF THE WITHHOLDING ORDER EXCEEDS
THE LIMITS OF THE FEDERAL CONSUMER CREDIT PROTECTION ACT.

10-131.

(a)     Except as provided [for] in § 10-122 OR § 10-122.1 of this subtitle, an obligor
may contest the issuance of an earnings withholding order by moving for a stay of the
order no later than 15 days after a copy of the withholding order is mailed to the obligor
under § 10-125 of this subtitle.

(b)     A motion for a stay of the withholding order:

(1)     shall be under oath;

(2)     shall state the grounds for contesting the earnings withholding, including
dates and amount of payments in dispute; and

(3)     may be on a form that shall be prepared by the court.

- 3355 -

 

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Session Laws, 1997
Volume 795, Page 3355   View pdf image
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