Article: Daily Record News Briefs: January 20, 2009

PI settlement cannot be garnished

A personal injury settlement is not subject to garnishment for child support, the Court of Special Appeals has held.

Such a settlement is an asset "protecting personal dignity" and therefore exempt from attachment, Judge Alexander Wright Jr. wrote for the unanimous three-judge panel, affirming a lower-court decision.

"'A person is not a chattel subject to attachment in satisfaction of a debt, and so, too, a lawsuit seeking to recompense him for damage to his person is likewise protected from attachment'," Wright wrote, quoting a federal bankruptcy court ruling.

Curtis and Rosalind Rosemann divorced in 1995, and Rosalind Rosemann was ordered to pay $3,800 ...

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