Shanks v. Lowe

Dissenting Opinion by ELDRIDGE, J., in which CATHELL, and BATTAGLIA, JJ., join.

I disagree with the Court’s conclusion that cash tips paid directly to an employee by a customer constitute “wages” for the purpose of Maryland’s wage garnishment law. Today’s decision is unsound and contrary to previous opinions by this Court. For the reasons discussed below, I would affirm.

It is well-established in Maryland that “[a] garnishment proceeding is, in essence, an action by the judgment debtor for the benefit of the judgment creditor which is brought against a third party, the garnishee, who holds the…