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Last page edit 05/06/08
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COLLECTING YOUR JUDGMENT Execution
and Garnishment The plaintiff may have trouble collecting the money that was awarded. If the defendant fails to pay voluntarily, the plaintiff should ask about the following procedures, which may involve the payment of a fee and which the plaintiff must initiate: Execution: You may ask the Court to levy on and sell certain goods which you believe the defendant owns. A deposit is required assessed as costs, to cover moving, towing, storage fees and the costs of advertising and of the auction. The deposit will be returned if the sale brings sufficient return. If you ask the Court to levy on real estate, you must request the clerk to file a lien in the Circuit Court of any Maryland county. (This is not necessary in Baltimore City.) It will attach to any real estate (land) or interest in real estate the defendant has or may acquire in that county, unless the interest is owned jointly with the defendant's spouse, and the judgment is against only one of them. After doing this, the plaintiff may ask the Court to order the sale of the land. The lien attaches whether the land is sold voluntarily or as the result of a court order.Certain goods may not be seized. Household goods not to exceed $500 in value are exempt. In addition, cash or property not to exceed $3,000 in value are exempt if the defendant chooses to exempt within 30 days of levy or execution. In addition, in certain sales the defendant receives the first $100. Garnishment: You may ask the Court to seize money in bank accounts which you believe the defendant has. The garnishment may be served by restricted delivery mail or by the sheriff. The bank will "confess assets" to the Court, and the Court may order that these be paid to you. The defendant may choose to exempt $3,000 but must tell the Court within 30 days of the day of the Writ of Garnishment is served. Garnishment of Wage: You may ask the Court to garnish wages of the defendant if he is employed. The garnishment may be served by registered mail or by the sheriff, constable, or private process server. After it is served, the lien or claim against the garnishable wages continues until the judgment is paid in full However, if there is a prior garnishment, no wages will be deducted under a later served garnishment until the earlier amount of the earlier wage garnishment has been paid in full The law makes a certain amount of the defendant's wages exempt from garnishment. Oral Examination in Aid of Execution: The Court may order the defendant to appear in court to answer the plaintiff's questions regarding location of assets that might be attached or seized under the above procedures. This procedure cannot be used until after 30 days from the date of the judgment. You may also use interrogatories to learn of assets. If the defendant pays you the amount of the judgment, you must give the defendant a statement that the judgment is satisfied and you must file this with the clerk. |
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| Source: This material was originally created by Richard Granat, a Maryland private attorney. It has been expanded and updated by legal services provider staff and legal interns working with the Maryland Legal Assistance Network. Updated by the Maryland State Law Library (MSLL). |
Last date of review 5/1/08 (PLL/M.A.J.) |
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