Collecting a Money Judgment

Click here for information provided by BNI 

If the court awards plaintiff a money judgment and the defendant does not pay voluntarily, plaintiff should first request the court to record the judgment. Plaintiff may then request the court to order one or more of the following procedures:

If the defendant is employed

Defendant’s wages may be attached.  However, state law provides exemptions calculated as follows: a  In Baltimore City and all Maryland counties except Caroline, Kent, Queen Anne's, and Worcester, 75% of the disposable wages due to the debtor, or earnings at the rate of $145 weekly, whichever is greater, are exempt. b)  In Caroline, Kent, Queen Anne's and Worcester counties, the greater of 75% of the disposable wages due, or 30 times the federal minimum hourly wage under the Fair Labor Standards Act in effect at the time the wages are due, is exempt. c)  Statewide, any medical insurance payment deducted from an employee's wages by the employer is exempt.

The amount subject to attachment is calculated per pay period.

The employer must withhold all attachable wages and send them to the judgment creditor within 15 days after the end of the last pay period of each month.  The employer may not discharge the employee because of the attachment unless the employee's wages are attached for more than one debt in a calendar year.  (Commercial Law, Secs. 15-601 - 15-607)

The judgment creditor must send to the judgment debtor, the employer, and the clerk of the court a written statement within fifteen days after the end of each month, showing all payments that were credited to the account of the judgment debtor during that month.  If no payments were received, the creditor is not obliged to submit the statement for that month. 

If the judgment creditor fails to comply with this requirement, the court may set aside (cancel) the attachment and order the judgment creditor to pay reasonable attorney's fees and costs to the person requesting the cancellation.

If defendant (judgment debtor) has any credit

Such as a bank account, the court may order the money paid to plaintiff.  (Courts and Judicial Proceedings, Secs. 3-301 et seq.)

Certain goods or personal property owned by defendant

May be seized by the sheriff or constable and sold at auction.  The following items are exempt:

a)  Wearing apparel, books, tools, instruments, or appliances, in an amount up to $2,500, which are necessary for the practice of a trade or profession, provided they are not kept for sale, lease, or barter; b)  Money payable in cases of sickness, accident, injury or death of any person, including compensation for loss of future earnings.  Disability income benefits are not exempt from execution if the judgment is for necessities contracted for by defendant-debtor after he incurred the disability; c)  Professionally prescribed health aids for the debtor or a dependent of the debtor; d)  The debtor's interest, up to a maximum of $500 in value, in household furnishings, household goods, clothing, appliances, books, pet animals, and other items primarily of personal, family, or household use of the debtor or a dependent of the debtor; e)  Property or cash up to a maximum of $3,000 in value, if the debtor so decides within 30 days of the attachment or the sheriff's levy; or f)  Benefits payable under certain retirement plans.

The debtor may not waive these exemption provisions.  (Courts and Judicial Proceedings, Secs. 11-501 -  11-513)

A judgment may be filed in the Circuit Court of any Maryland county as a lien on land or buildings owned by defendant in that county.  The court may then be asked to order a sale of defendant's property in order to satisfy the judgment.  (Courts and Judicial Proceedings, Secs. 11-401 - 11-402)

NOTE:  1)  Plaintiff must pay a small fee for most of these procedures.  Before deciding which procedure, if any, to follow, plaintiff should weigh the probabilities of success. 2)  If 30 days have passed after the date of a money judgment and it has not been paid, the judgment creditor may ask the court to order the defendant to appear in court to answer questions concerning any assets or wages which could be used to satisfy the debt.

Source: Baltimore Neighborhoods Inc.