What Creditors Can't Take in Maryland
Money, home and vehicle exemptions that protect your property from creditors in Maryland.
Short answer: Up to $500 in a deposit account is automatically protected without the debtor having to claim it; it applies separately to each bank and each garnishment. Md. Code, Cts. & Jud. Proc. § 11-504(b)(5)-(6), (c)
| Money protected in a bank account | Up to $500 in a deposit account is automatically protected without the debtor having to claim it; it applies separately to each bank and each garnishment. In addition, the debtor may elect to exempt up to $6,000 in cash or any property (combined with the $500) by claiming it within 30 days of the levy or attachment. Federal benefits such as Social Security deposited directly are also protected (31 CFR Part 212; Md. Rule 3-645.1), per the District Court brochure DC-CV-060BR. |
|---|---|
| Homestead exemption | No homestead exemption outside bankruptcy. In bankruptcy only, a debtor may exempt an owner-occupied home up to the federal homestead amount in 11 U.S.C. 522(d)(1) (as adjusted for inflation), unless the debtor or a close relative claimed it on the same property within the past 8 years. Hospitals may not seek a lien on, or force the sale of, a patient's primary residence to collect a hospital bill (Health-Gen. § 19-214.2(f)). |
| Vehicle exemption | No separate motor vehicle exemption. A vehicle can be protected only under the general $6,000 cash-or-property exemption the debtor elects within 30 days of the levy. |
| Bankruptcy exemptions | Maryland is an opt-out state: in bankruptcy a debtor may not use the federal exemptions in 11 U.S.C. 522(d) and must use Maryland's exemptions, which add a $5,000 personal property exemption and a homestead exemption tied to the federal amount for bankruptcy cases. |
Where to get help in Maryland
- Maryland Office of Financial Regulation (licenses collection agencies; enforces the Maryland Consumer Debt Collection Act)
- File a complaint or claim
More Maryland debt & collections
- Statute of Limitations on Debt in Maryland
- Wage Garnishment in Maryland
- How to Respond to a Debt Collection Lawsuit in Maryland
- Medical Debt Protections in Maryland
- All Maryland debt & collections rules
FAQ
How much money in a bank account is protected from creditors in Maryland?
Up to $500 in a deposit account is automatically protected without the debtor having to claim it; it applies separately to each bank and each garnishment. In addition, the debtor may elect to exempt up to $6,000 in cash or any property (combined with the $500) by claiming it within 30 days of the levy or attachment.
What is the homestead exemption in Maryland?
No homestead exemption outside bankruptcy. In bankruptcy only, a debtor may exempt an owner-occupied home up to the federal homestead amount in 11 U.S.C. 522(d)(1) (as adjusted for inflation), unless the debtor or a close relative claimed it on the same property within the past 8 years.
Can a creditor take my car in Maryland?
No separate motor vehicle exemption. A vehicle can be protected only under the general $6,000 cash-or-property exemption the debtor elects within 30 days of the levy.
Which bankruptcy exemptions can I use in Maryland?
Maryland is an opt-out state: in bankruptcy a debtor may not use the federal exemptions in 11 U.S.C. 522(d) and must use Maryland's exemptions, which add a $5,000 personal property exemption and a homestead exemption tied to the federal amount for bankruptcy cases.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.