In Maryland, winning a lawsuit and receiving a judgment does not guarantee that the defendant will automatically pay the amount owed. If the defendant does not pay voluntarily, the plaintiff must take steps to enforce the judgment. This article will discuss options the plaintiff can take to obtain and enforce a money judgment in Maryland.
What to Do if the Defendant Does Not Pay Voluntarily?
In Maryland, the plaintiff has three options to obtain their judgment.
- Request a Writ of Execution
A writ of execution allows the plaintiff to seize the defendant’s non-exempt property to satisfy the judgment. The plaintiff can request this writ from the court, and if granted, the sheriff or constable will take possession of the defendant’s property and sell it at auction. The proceeds from the sale are then used to pay the plaintiff.
Source: Md. Rule 2-641
- Place a Lien on the Defendant’s Property
Another option is to place a lien on the defendant’s real property. This means that the defendant cannot sell or refinance their property without paying the judgment. The lien attaches to any real estate the defendant owns in Maryland and remains until the judgment is satisfied or expires.
When Does a Judgment Expire in Maryland?
In Maryland, a judgment is valid for 12 years from the date of entry. However, the plaintiff can renew the judgment before it expires by filing a request with the court. If the plaintiff does not renew the judgment within the 12-year period, the judgment expires, and the plaintiff loses the right to enforce it.
Source: Md. Rule 2-625, Md. Rule 3-625
- Garnishment of Wages or Bank Accounts
The plaintiff can also enforce the judgment by garnishing the defendant’s wages or bank accounts. A wage garnishment order directs the defendant’s employer to withhold a portion of their earnings and send it to the plaintiff until the debt is paid. A bank account garnishment allows the plaintiff to seize funds from the defendant’s bank account directly.
Source: Md. Rule 3-646, Md. Rule 3-645,
How Do I Find a Judgment Debtor’s Assets?
If the court enters a money judgment against a defendant, the plaintiff can request information about the defendant’s employment, assets, income, and expenses. The plaintiff may send the defendant a Judgment Debtor Information Sheet to gather this information.
The defendant must complete the information sheet and return it to the plaintiff and any listed documents within 30 days. If the defendant fails to respond within the required timeframe, they may be required to answer written questions under oath (Interrogatories), appear in court for an Oral Examination, or both.
It is important to note that this form is not valid in small claims cases, and if it is received in such a case, legal advice should be sought.
What to Do When the Judgment is Paid?
When the debt is paid, the creditor is required to notify the court and send the defendant a copy of the notice of satisfaction. The creditor may use the Notice of Satisfaction form for this purpose. It is important for the defendant to keep a copy for their records.
If the judgment creditor fails to file a Notice of Satisfaction, the defendant can request the court to issue an order by completing and filing the Motion for Order Declaring Judgment Satisfied. A copy of the motion must be served on the creditor via certified mail with return receipt, sheriff, or private process server. The defendant may also be eligible to recover costs, including reasonable attorney fees, incurred in obtaining the order.
Conclusion
If you are owed a debt or need help enforcing a judgment, consult an experienced Romano Law attorney to ensure you receive the monetary award you are entitled to.
Contributions to this blog by Kennedy McKinney
Photo by Giammarco Boscaro on Unsplash
Citations
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Maryland Courts. (n.d.). Judgments and debt collection. Maryland Courts. Retrieved from https://www.courts.state.md.us/courthelp/judgmentsanddebtcollection#debtpaid
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Maryland Courts. (n.d.). Judgments and debt collection: Garnishing wages. Maryland Courts. Retrieved from https://www.courts.state.md.us/courthelp/judgmentsanddebtcollection#garnishwages
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Maryland Courts. (n.d.). Judgments and debt collection: Collecting information. Maryland Courts. Retrieved from https://www.courts.state.md.us/courthelp/judgmentsanddebtcollection#collectinfo
