POST-JUDGMENT
COLLECTION
How to ColleCt Your Judgment in tHe
distriCt Court of marYland
table of Contents
Introduction......................................................................................................................... 1
Steps in the Post Judgment-Collection Process
Step 1: Finding the Debtor’s Assets .................................................................................. 2
Judgment Debtor (Defendant) Information Sheet ....................................................... 2
Written Interrogatories in Aid of Execution ................................................................. 2
Oral Examination in Aid of Enforcement of Judgment ............................................... 3
Step 2: Handling an Uncooperative Debtor ....................................................................... 4
Step 3: Collecting Your Money .......................................................................................... 4
Request for Service ...................................................................................................... 4
Garnishing the Debtor’s Wages.. .................................................................................. 5
Garnishing the Debtor’s Bank Account ....................................................................... 5
Seizing the Debtor’s Real Estate or Personal Property. ............................................... 6
Real Estate .................................................................................................................. 6
Personal Property ......................................................................................................... 8
Writ of Execution ........................................................................................................ 8
Judgment Creditor’s Monthly Report ................................................................................ 9
Renewing Your Judgment .................................................................................................. 9
Notice of Satisfaction ......................................................................................................... 9
Checklist .......................................................................................................................... 10
This booklet was developed by the District Court of Maryland, in cooperation with Eliot M.
Wagonheim, Esquire. Mr. Wagonheim is the author of The Art of Getting Paid: The Business
Owner’s Guide to Collecting Debts and Managing Receivables in Maryland.
1
INTRODUCTION
Were you awarded money in a lawsuit (the plainti/judgment creditor)? This guide will help you
collect your judgment from the defendant/judgment debtor.
Collecting the judgment (money you are owed) can be complicated. THE COURT DOES NOT
COLLECT THE MONEY. If the debtor will not pay the debt or work out a payment plan, in order
to use the court process for collecting money, you must:
• complete and le more forms,
• pay ling fees (if not waived), and
• possibly appear in court again.
Additional fees will be added to the judgment.
You may want to talk to or hire a lawyer to help you. The Maryland Court Help Centers provide
free limited legal services for people who are not represented by a lawyer. Call the
Help Center at 410-260-1392 or chat with a lawyer online at mdcourts.gov/courthelp.
First Steps
If you win your case, your judgment is recorded in
the court in which you won. There is an automatic
10-day stay (waiting period) before you can begin
the collection process. Send the debtor a copy of
all motions and correspondence you le with the
court about your case.
There are three (3) options available to you to
collect your judgment:
• Garnishing the debtor’s wages;
• Garnishing the debtor’s bank account; or
• Seizing the debtor’s personal property or
real estate.
You will need information about the debtor. Do
you know where the debtor banks? Do you know
where they work? Do you know what property
the debtor owns?
There are three (3) options
available to you to collect
your judgment:
1. Garnishing the debtor’s
wages;
2. Garnishing the debtor’s
bank account; or
3. Seizing the debtor’s
personal property or real
estate.
2
The rst step to nd the debtor’s assets is to send the debtor a Judgment Debtor (Defendant)
Information Sheet (form CC-DC-CV-114). If the debtor doesn’t return the Information Sheet to you
with the information you request by the deadline set by law, then you may (1) require the debtor to
answer written questions or (2) require the debtor to appear in court to answer questions under oath.
The debtor will receive a notice from the court after the entry of the judgment. The notice tells the
debtor (1) they may receive a form from you or your attorney requesting information about their assets
and (2) that if they send the form back as instructed with the information that you have requested
they will not have to come to court to give the information.
You can send form CC-DC-CV-114 to the debtor no earlier than ten (10) days after the entry of the
judgment. You cannot add to the form, but you can strike through information you do not need. You
must keep any information returned to you condential (such as the debtor’s social security number,
nancial account or tax information), except to pursue collection eorts authorized by law.
In order to take another step to learn about the debtor’s assets and income, one of these three (3)
things must be true:
1) you decide not to use the Judgment Debtor Information Sheet;
2) the judgment debtor did not return the Judgment Debtor Information Sheet to you with the
information you asked for within 30 days after the date the form was mailed or otherwise
delivered to the judgment debtor; or
3) the judgment debtor did properly complete and return the Judgment Debtor Information
Sheet; and
• it has been at least one (1) year since the entry of the judgment; or
• it has been less than one (1) year since the entry of the judgment but the court has
given you permission to le interrogatories (questions) or request a hearing (oral
examination).
If you qualify, the next step is either Written Interrogatories in Aid of Execution or an Oral
Examination (hearing).
Interrogatories in Aid of Execution are up to fteen (15) written questions to the debtor about
their assets and income. The debtor is required to answer these questions under oath.
You may serve interrogatories on the debtor through rst-class mail.
After the debtor is served with the order signed by the judge, they have another fteen (15) days
to answer your interrogatories.
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After you serve the debtor with the questions, send written proof of service to the court. Proof of
service may be a letter to the court that includes the case number, your name and address, and the
debtor’s name and address.
The purpose of these questions is to help you nd the debtor’s assets that can be used to satisfy your
judgment. The questions may cover the debtor’s bank accounts, employment, personal property,
and real estate.
The debtor has fteen (15) days to answer. If you do not receive an answer in fteen (15) days, you
can le a Motion Compelling Answers to Interrogatories in Aid of Execution (form DC-CV-030).
This motion asks the judge to order the debtor to answer your questions.
After the debtor is served with the order signed by the judge, they have another fteen (15) days to
answer your interrogatories.
No sooner than 30 days after the court enters a judgment, you may ask that the debtor appear in court
and answer your questions. The debtor will be under oath. You may ask questions about the debtor’s
assets and income. Complete the Request for Order Directing Judgment Debtor or Other Person to
Appear for Examination in Aid of Enforcement of Judgment (form CC-DC-CV-032). The court will
issue an order that tells the debtor when to appear. You have 30 days to serve the debtor with this order.
At the oral examination,
you may ask the debtor about
real estate, cars and other
assets owned, bank accounts
maintained, sources of income
received, and wages earned.
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Handling an Uncooperative Debtor
If the debtor has been properly served and will not cooperate with your attempts to discover their
assets, you may le a Request For Show Cause Order for Contempt (form DC-CV-033). The order
will summon the debtor to court to explain why they should not be held in contempt for ignoring your
discovery eorts. You can only le the request for a Show Cause Order after the debtor has either:
• ignored written interrogatories, as well as an order from the judge requiring their answers; or
• failed to appear for an oral examination hearing ordered by the court.
If the debtor fails to appear for the Show Cause hearing, the judge may issue a body attachment. If the
judge orders a body attachment but it is not issued on the day of the hearing, you can le a Request to
Issue a Body Attachment (form CC-DC-108).
Before issuing a body attachment, the plainti must provide either:
• proof the debtor was personally served with the order (either the order to appear or the show cause
order, if issued).
• proof the debtor signed for the order (either the order to appear or the show cause order, if
issued) when served by restricted delivery mail.
OR
• an adavit from
a person with rsthand knowledge that the
debtor
has been willfully evading
service.
The sheri’s ofce will take the debtor into custody and will bring the person before the court to
explain why they did not appear. The debtor may have to post a bond for their release. The bond
will be forfeited to the State if they do not appear at the next hearing. Both parties will receive a
new hearing date.
Collecting Your Money
Once you have the information you need to garnish the debtor’s wages or bank account or seize
the debtor’s property, you can begin the collection process.
The collection process requires you to le many forms, especially if you choose to use more than one
method. You may have to select the method of service:
• notication by mail;
• through the Sheri’s Oce (or constable in Baltimore County only); or
• by private process server.
When you choose a method of service, you should complete a Request for Service (form DC-CV-002).
The post ofce, sheri, constable, or private process server should return the Request for Service to the
court to certify that service has been made properly.
Fill out the case caption information - the address of the court in which you are ling the form, your
case number, and the names of the parties. You must also ll in the addresses for both parties, required
in the
bottom left-hand corner of the form.
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Garnishing the debtor’s wages means that a portion of their pay will be given to you each month
until the judgment has been paid.
The rst step in garnishing someone’s wages is ling a Request for Writ of Garnishment of Wages
(form DC-CV-065). You must know the name and address of the debtor’s employer, the amount
of your judgment, and any additional money owed to you (such as court costs and post-judgment
interest).
If you have submitted the proper information:
• The clerk will issue a Writ of Garnishment.
• The debtor’s employer (“garnishee”) will be served with the writ instructing the garnishee to
withhold a portion of the debtor’s wages to satisfy your judgment.
• The debtor/garnishee then has 30 days to le an answer to the Writ of Garnishment.
• You will receive a copy of the garnishee’s answer listing any other attachments, or
garnishments, against the debtor’s wages.
Your garnishment may not take eect immediately if the debtor has to satisfy other judgments.
Attachments are satised in the order in which they are served on the garnishee.
The Maryland Rules require garnishees (employers) to give the withheld wages to the judgment
creditor within fteen (15) days of the close of the debtor’s last pay period each month. In other
words, if the debtor’s pay period ends March 26, you should receive the funds withheld during
March, no later than April 10.
Your garnishment is valid as long as the debtor remains with the same employer and your
judgment is unpaid. You are not required to rele.
Garnishing a debtor’s bank account means you will be given money from the debtor’s bank
account to help satisfy your judgment. Normally, you cannot garnish funds from:
• jointly-held accounts (unless your judgment is against both owners),
• retirement accounts,
• escrow accounts.
Financial institutions must comply with certain requirements, prohibitions, and limitations under
federal law. The law prohibits holding “protected amounts” such as Social Security, Veteran’s
Administration, Railroad Retirement Board, and Oce of Personnel Management (Federal
Regulation 31 C.F.R. Part 212 and Maryland Rule 3-645.1).
Up to $500.00 in a deposit account or other accounts of a judgment debtor held by a depository
institution is automatically protected from execution on the judgment without an election by the
debtor (Courts and Judicial Proceedings § 11-504).
Step One in garnishing a bank account: Complete the Request for Writ of Garnishment of
Property Other Than Wages (form DC-CV-060). You need to know the name and address of the
debtor’s nancial institution, the amount of your judgment, and any additional money owed to
you (such as court costs and post-judgment interest).
6
The clerk will issue a Writ of Garnishment if you provide the proper information. The debtor’s
nancial institution (“garnishee”) will be served with the writ, and a Garnishee’s Confession of
Assets of Property Other Than Wages (form DC-CV-061). The garnishee has 30 days from the date
of service to le the Confession of Assets with the court. You will receive a copy listing the debtor’s
assets held.
If 30 days pass after the original Request for Writ of Garnishment of Property Other Than Wages is
served and the garnishee has led an answer to the request, you can le the Request for Judgment-
Garnishment (form DC-CV-062). You must mail a copy of the request to the garnishee and the
debtor before ling the request.
If you do not seek to enforce or dismiss the writ within 120 days after the garnishee’s answer is
led, after proper notice to both the judgment debtor and the judgment creditor, the garnishee may
request to terminate the writ.
If the judge enters a judgment in your favor, the order will direct the garnishee to give you the
amount ordered from the debtor’s bank account.
Property or real estate can be sold to help satisfy your judgment. Seizing personal property or real
estate is the most complicated and time-consuming collection methods. You may want to consider
hiring an attorney to assist you with the process.
There are costs to seizing real estate or property. You are responsible for any costs associated with the
sale. Be sure that the proceeds from the sale, minus your costs, make this procedure worth your time
and eort.
There are also exceptions to what can be sold. If the
debtor’s property is jointly-owned, you cannot sell it unless
you have a judgment against both owners.
You can, however, sell the debtor’s interest in a property.
For example, if the debtor owns a home jointly with a
sibling, the home cannot be sold. However, you will be
able to sell the debtor’s interest in the home. Whoever buys
the interest will become a joint owner with the debtor’s
sibling.
The debtor is permitted to request certain other exemptions
listed under the Notice to the Defendant on the reverse side
of the Request for Writ of Execution.
File a Request for Writ of Execution (form DC-CV-040) if
you choose to seize the debtor’s personal property or real
estate. Before ling your request for writ there are steps you may be required to take.
If you would like to sell the debtor’s real estate, prior to ling the Writ of Execution, you must record
your judgment in the circuit court for the county in which the property is located (with the exception of
Baltimore City).
Request to File Notice of Lien.
You are responsible for
the costs of seizing real
estate or property. Be
sure the proceeds from
the sale, minus your costs,
make this procedure worth
your time and effort.
For example, if you win your case in Prince George’s County and know that the debtor owns real
estate there, you should complete the Notice of Lien and indicate that the property you would
like to sell is in Prince George’s County. Fill out the case caption information, including your
case number and the names and addresses of both parties. Under the Notice of Lien of Judgment
section of the form, enter the date your judgment was entered, the amount that you were awarded,
along with any attorney’s fees or court costs. Because the real estate you would like to sell is
located in the same county in which your judgment was entered, you should check the rst
box. File the completed Notice of Lien in the Prince George’s County District Court, which will
forward the information to the circuit court.
If you win your case in Prince George’s County and nd that the debtor owns real estate in Anne
Arundel County, you should complete the Notice of Lien and indicate that the property you are
interested in selling is in Anne Arundel County. Because the real estate is located in a county
other than the one in which your judgment was entered, check the second box and enter the
name of the county where the property is located. File the completed Notice of Lien in the Prince
George’s County District Court, which will forward the information to the correct circuit court.
7
8
If you are trying to seize real estate in a county other than the one in which your judgment was
entered, complete the Request for Transmittal of Judgment (form DC-CV-034). Include the name
of the county in which you would like your judgment recorded (Anne Arundel in the example
above).
I
f you intend to seize personal property, such as a car or a boat, in a county other than the one in
which you won your judgment, complete the Request for Transmittal of Judgment (form DC-CV-034).
When
lling out the form, put the name of the county in which you would like your judgment
recorded.
The court will send you a notice once your judgment has been recorded properly. At this point,
you may le the Request for Writ of Execution (form DC-CV-040). You should le the Writ of
Execution in the county in which the property you intend to seize is located.
When you le this request, you are asking the court to have the debtor’sproperty levied or seized
to satisfy your judgment. In most counties, the sheri’s ofce is responsible for levying or seizing
property. In Baltimore County, constables perform these duties.
, you are required to le a copy of the title with the
Request for Writ of Execution. The copy cannot be more than 90 days old when you le your
request. Contact the Motor Vehicle Administration to nd out how to obtain a copy of the title
and for information about the fees involved.
, you must have a copy of the deed. Deeds are
public records that can be found at the circuit court for the county in which the real estate is
located. Use the legal description found on the deed for the description of the property when
completing the Request for Writ of Execution.
In the top half of the Request for Writ of Execution, you should enter: (1) the amount of money
that is owed to you, (2) the debtor’s last known address, and (3) the location of the property to be
levied and a detailed description of the property. Be specic.
The next question deals with what you would like the sheri to do with the property.
• Select “leave the property where found” to have the sheri post a notice alerting the debtor
that the property has been levied. If you would like to sell the property, you must have it seized.
• Select “exclude others from access to it or use of it,” to have the sheri leave the property
but render it inaccessible. For instance, the debtor can be barred from using their car. You may be
required to post a bond with the sheri if you choose this option.
• Select “remove it from the premises,” to have the sheri remove the property. The sheri’s
ofce will use the bond to meet its costs; any unused portion will be returned to you.
9
There is a 30-day waiting period before property can be sold. The waiting period allows the
debtor the opportunity to le a motion to request that the property be exempted.
If no motion is led after the 30 days, you must contact the sheri to start the sale of the property.
If after 120 days, the sales process has not started, the property may be released to the debtor.
Judgment Creditor’s Monthly Report
You are required to document any payments. Send a Judgment Creditor’s Monthly Report to the
debtor and any garnishees within fteen (15) days after the end of each calendar month in which
you receive a payment. Do not le the Judgment Creditor’s Monthly Report with the District Court.
A sample form is posted for your convenience at: mdcourts.gov/district/forms/civil/dccv066.pdf
Renewing Your Judgment
In Maryland, a judgment is only valid for twelve (12)
years. If you have not been able to collect your judgment
within that time, you will have to renew the judgment to
continue your collection eorts. Complete the Request to
Renew Judgment (form DC-CV-023) and le it with the
court. The renewal form must be completed while your
judgment is still valid. For example, if your judgment was
entered on February 1, 2006, your judgment is valid until
February 1, 2018.
If you le a renewal of judgment on February 2, 2018, your judgment has expired and will no
longer be honored.
Notice of Satisfaction
When your judgment has been paid in full, you must le a Notice of Satisfaction (form DC-CV-031).
The clerk will process the order and notify each court which recorded the judgment.
If you do not le the Notice of Satisfaction and the debtor les a Motion for Order Declaring the
Judgment Satisfied (form DC-CV-051), the court can order you to reimburse the debtor for any
costs incurred.
A judgment is only
valid for 12 years,
but can be renewed
by filing a request to
renew judgment with
the court.
10
CHeCklist
The following checklist is provided for your convenience. Track your progress by entering the
date when each action is taken. The page numbers refer you to the specic instructions for each
step.
Address Amount of Judgment
Date awarded
Judgment Debtor (Defendant) Information Sheet (p. 2):
Written questions/ interrogatories sent (p. 2):
Motion Compelling Answers led (if necessary, see p. 3):
Request for Order Directing Judgment Debtor or Other Person to
Appear for Examination in Aid of Enforcement of Judgment
(Oral Exam) led (p.
3
):
Request for Show Cause Order led (p.
4
):
Request to Issue a Body Attachment led (p.
4
):
Request for Garnishment on Wages led (p.
5
)
Writ of Garnishment issued (p.
5
)
Garnishee’s answer led (p.
5
):
Request for Garnishment of Property Other Than Wages led (p. 5)
Writ of Garnishment issued (p.
6
):
Garnishee’s Confession of Assets led (p.
6
):
Request for Judgment - Garnishment led (p.
6
)
Real Estate or Personal Property
Request to File Notice of Lien led (if necessary, see p. 6)
Request for Transmittal of Judgment (if necessary, see p. 8)
Notice that judgment is properly recorded received (p. 8)
Request for Writ of Execution led (p. 8)
Notice of Satisfaction (p.
9
):
Notes
It is the mission of the District Court of Maryland to provide equal and exact justice for
all who are involved in litigation before the Court.
DC-CV-060BR (Rev. 10/01/2023)
mdcourts.gov
The Maryland Court Help Centers provide free limited legal services
for people who are not represented by a lawyer.
See: mdcourts.gov/courthelp
For more information about the Maryland Judiciary and the District
Court visit the website, at:
Information contained in this brochure is intended to inform the public and not serve as legal advice. Brochure is subject to
unscheduled and unannounced revisions. Any reproduction of this material must be authorized by the Ofce of the Chief Clerk of
the District Court of Maryland.
