Judgment Enforcement and Collections Lawyer
A judgment is a decision by a court regarding the rights and liabilities of the parties to a proceeding. More specifically, a money judgment is defined by Maryland Rule 1-202(q) as “a judgment determining that a specified amount of money is immediately payable to the judgment creditor.” Entering a money judgment is only the first step in the collections process. If the defendant (judgment-debtor) does not pay, the plaintiff (judgment-creditor) must enforce the judgment to collect payment. The judgment-creditor may use various enforcement devices — writs of execution, garnishments, liens, and other collection mechanisms — as described more fully below.
Winning a lawsuit is only half the battle. If the other party refuses to pay, the tools described below allow you, as the judgment creditor, to compel payment through the courts. Our attorneys guide creditors through each step of this process in Maryland, Virginia, and the District of Columbia.
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Stay of Execution on Judgment
In plain terms: After a court enters a judgment, there is a mandatory waiting period before collection can begin. In Maryland that window is 10 days. The court can also extend this pause if the losing party files certain post-trial motions or an appeal.
After entry of a judgment, an automatic stay prevents the prevailing party (judgment-creditor) from beginning collection efforts until the statutory period expires. In Maryland, that period is ten days:
Maryland Rule 2-632(b) & 3-632(a): Except as otherwise provided in this Rule, enforcement of a money judgment is automatically stayed until the expiration of ten days after its entry.
Once the automatic stay expires, the judgment-creditor may begin collection efforts unless the court orders otherwise. Courts may extend the stay under several circumstances. Maryland Rule 2-632 [Stay of Enforcement] provides, in part, as follows:
Discretionary and Appeal Stays
(c) Discretionary Stay of Judgment. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay enforcement of a judgment pending the disposition of a motion for a new trial filed pursuant to Rule 2-533, a motion to alter or amend a judgment filed pursuant to Rule 2-534, a motion to revise a judgment filed pursuant to Rule 2-535, or a motion for judgment notwithstanding the verdict filed pursuant to Rule 2-532.
(d) Multiple Claims. When a court has entered a final judgment under the conditions stated in Rule 2-602, the court may stay enforcement of that judgment until the entering of a subsequent judgment and may prescribe such conditions as are necessary to secure the benefit of the judgment to the party in whose favor the judgment is entered.
(e) Pending Appeal. Except as provided in this section and in section (f) of this Rule, a stay pending appeal is governed by Rules 8-422 through 8-424. If the court determines that because of the nature of the action enforcement of the judgment should not be stayed by the filing of a supersedeas bond or other security, it may enter an order denying a stay or permitting a stay only on the terms stated in the order.
Maryland, Virginia, and the District of Columbia each have different rules regarding the automatic stay of enforcement of a judgment.
Discovery in Aid of Enforcement
In plain terms: If you don’t know where the debtor works or banks, you can use court procedures to force them to reveal this information under oath — through written questions, document requests, and in-person examinations before a judge.
When the judgment-creditor does not know where the debtor’s assets are located, court rules allow the creditor to conduct “discovery in aid of enforcement.” In Maryland, Maryland Rule 2-633 [Discovery in Aid of Enforcement] governs these mechanisms and provides, in part, as follows:
Methods of Discovery
(a) Methods. A judgment creditor may obtain discovery to aid enforcement of a money judgment (1) by use of depositions, interrogatories, and requests for documents, and (2) by examination before a judge or an examiner as provided in section (b) of this Rule.
(b) Examination Before a Judge or an Examiner. Subject to section (c) of this Rule, on request of a judgment creditor, filed no earlier than 30 days after entry of a money judgment, the court where the judgment was entered or recorded shall issue an order requiring the appearance for examination under oath before a judge or examiner of (1) the judgment debtor, or (2) any other person who may have property of the judgment debtor, be indebted for a sum certain to the judgment debtor, or have knowledge of any concealment, fraudulent transfer, or withholding of any assets belonging to the judgment debtor. The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in the person served being held in contempt. The order shall be served upon the judgment debtor or other person in the manner provided by Rule 2-121. The judge or examiner may sequester persons to be examined, with the exception of the judgment debtor.
In practice, a judgment-creditor without knowledge of a debtor’s assets may issue interrogatories (written questions), request financial documents, take depositions, or compel an oral examination before a judge. Once the creditor locates an asset, various enforcement mechanisms become available to collect on the judgment.
Maryland, Virginia, and the District of Columbia each have different procedural rules governing post-judgment discovery.
Garnishment of Property (Other Than Wages)
In plain terms: If you know where the debtor banks, you can ask the court to issue an order — called a “writ of garnishment” — directing the bank to freeze the debtor’s funds and turn them over to you. The bank is legally required to respond and cannot ignore the order.
Garnishing a debtor’s bank account is one of the most common enforcement methods. Once the judgment-creditor identifies the debtor’s banking institution, the creditor files a request with the court for a writ of garnishment of property other than wages. The bank — or any other person or entity holding the debtor’s property — is the “garnishee.” Maryland Rule 3-645 governs these writs and provides as follows:
Issuance and Content of the Writ
(a) Availability. Subject to the provisions of Rule 3-645.1, this Rule governs garnishment of any property of the judgment debtor, other than wages subject to Rule 3-646 and a partnership interest subject to a charging order, in the hands of a third person for the purpose of satisfying a money judgment. Property includes any debt owed to the judgment debtor, whether immediately payable or unmatured.
(b) Issuance of Writ. The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was entered a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of each judgment debtor with respect to whom a writ is requested, and (4) the name and address of the garnishee. Upon the filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee.
(c) Content. The writ of garnishment shall:
- (1) contain the information in the request, the name and address of the person requesting the writ, and the date of issue,
- (2) direct the garnishee to hold, subject to further proceedings, the property of each judgment debtor in the possession of the garnishee at the time of service of the writ and all property of each debtor that may come into the garnishee’s possession after service of the writ,
- (3) notify the garnishee of the time within which the answer must be filed and that failure to do so may result in judgment by default against the garnishee,
- (4) notify the judgment debtor and garnishee that federal and state exemptions may be available,
- (5) notify the judgment debtor of the right to contest the garnishment by filing a motion asserting a defense or objection.
Service on the Garnishee
After the court issues the writ, the creditor must serve it on the bank in accordance with Maryland rules — improper service renders the writ invalid:
Maryland Rule 3-645(d): The writ shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Promptly after service upon the garnishee, the person making service shall mail a copy of the writ to the judgment debtor’s last known address. Proof of service and mailing shall be filed as provided in Rule 3-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321.
Garnishee’s Answer and Release of Funds
Once properly served, the garnishee must file an Answer within 30 days disclosing whether it holds any money or property belonging to the debtor.
Maryland Rule 3-645(g) [When Answer Filed]: If the garnishee files a timely answer, the matters set forth in the answer shall be treated as established for the purpose of the garnishment proceeding unless the judgment creditor files a reply contesting the answer within 30 days after its service. If a timely reply is not filed, the court may enter judgment upon request of the judgment creditor, the judgment debtor, or the garnishee. If a timely reply is filed to the answer of the garnishee, the matter shall proceed as if it were an original action between the judgment creditor as plaintiff and the garnishee as defendant and shall be governed by the rules applicable to civil actions.
A garnishee who fails to answer faces a default judgment. This rule compels timely compliance:
Maryland Rule 3-645(f) [When No Answer Filed]: If the garnishee fails to file a timely answer, the judgment creditor may proceed pursuant to Rule 3-509 for a judgment by default against the garnishee.
When the garnishee’s Answer confirms it holds the debtor’s funds, the judgment-creditor files a motion to release those funds — asking the court to order the garnishee to pay the creditor directly.
Garnishment of Wages
In plain terms: If the debtor is employed, the court can order their employer to automatically withhold a portion of each paycheck and send it directly to you. Federal law caps this at 25% of take-home pay. The employer cannot legally fire the employee simply because of the garnishment.
When the judgment-debtor is employed, the creditor may obtain a writ of garnishment of wages directed to the debtor’s employer. Maryland Rule 3-646 governs these writs:
Issuance and Service of the Wage Garnishment Writ
Maryland Rule 3-646(b) [Issuance of Writ]: The judgment creditor may obtain issuance of a writ of garnishment by filing in the same action in which the judgment was obtained a request that contains (1) the caption of the action, (2) the amount owed under the judgment, (3) the name and last known address of the judgment debtor, and (4) the name and address of the garnishee. Upon filing of the request, the clerk shall issue a writ of garnishment directed to the garnishee together with a blank answer form provided by the clerk.
(c) Content. The writ of garnishment shall:
- (1) contain the information in the request, the name and address of the person requesting the writ, and the date of issue,
- (2) notify the garnishee of the time within which the answer must be filed and that failure to do so may result in the garnishee being held in contempt,
- (3) notify the judgment debtor and garnishee that federal and state exemptions may be available,
- (4) notify the judgment debtor of the right to contest the garnishment of wages by filing a motion asserting a defense or objection.
The employer/garnishee must receive proper service or the writ is ineffective:
Maryland Rule 3-646(d) Service. The writ and answer form shall be served on the garnishee in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction and may be served in or outside the county. Upon issuance of the writ, a copy of the writ shall be mailed to the debtor’s last known address. Subsequent pleadings and papers shall be served on the creditor, debtor, and garnishee in the manner provided by Rule 1-321.
Employer’s Answer and Withholding Obligation
Once served, the employer must file an Answer stating whether the debtor works there, their rate of pay, and whether any prior liens exist on their earnings.
Maryland Rule 3-646(e) Response of Garnishee and Debtor. The garnishee shall file an answer within 30 days after service of the writ. The answer shall state whether the debtor is an employee of the garnishee and, if so, the rate of pay and the existence of prior liens. The garnishee may assert any defense that the garnishee may have to the garnishment, as well as any defense that the debtor could assert. The debtor may file a motion at any time asserting a defense or objection.
Once the court enters an order, the employer must withhold a portion of the debtor’s wages each pay period and pay it directly to the judgment-creditor.
Maryland Rule 3-646(i) [Withholding and Remitting of Wages]: While the garnishment is in effect, the garnishee shall withhold all garnishable wages payable to the debtor. If the garnishee has asserted a defense or is notified that the debtor has done so, the garnishee shall remit the withheld wages to the court. Otherwise, the garnishee shall remit them to the creditor or the creditor’s attorney within 15 days after the close of the debtor’s last pay period in each month. The garnishee shall notify the debtor of the amount withheld each pay period and the method used to determine the amount. If the garnishee is served with more than one writ for the same debtor, the writs shall be satisfied in the order in which served.
Limits on Wage Garnishment
MD Code, Commercial Law, § 15-602(a): When an attachment is levied against the wages of a judgment debtor, it shall constitute a lien on all attachable wages that are payable at the time the attachment is served or which become payable until the judgment, interest, and costs, as specified in the attachment, are satisfied.
Federal law caps garnishment at 25% of the debtor’s disposable income per pay period. For debtors earning at or near minimum wage, the law imposes even lower limits.
Importantly, an employer may not terminate an employee simply because of a wage garnishment:
MD Code, Commercial Law, § 15-606(a): An employer may not discharge his employee because the employee’s wages are subjected to attachment for any one indebtedness within a calendar year.
Judgment Lien
In plain terms: A judgment automatically becomes a lien on real estate the debtor owns in the same county — meaning they generally cannot sell or refinance that property without first paying you. For smaller claims from district court, you must take an extra filing step to record the lien in circuit court.
In Maryland, a money judgment creates a lien against any real property the judgment-debtor owns in the county where the judgment was entered. Circuit court judgments (claims over $30,000) attach automatically. Pursuant to Maryland Rule 2-621 [Lien of Money Judgment]:
Maryland Rule 2-621(a) [County of Entry]: Except as otherwise provided by law, a money judgment that is recorded and indexed in the county of entry constitutes a lien from the date of entry in the amount of the judgment and post-judgment interest on the defendant’s interest in land located in that county.
District Court Judgments — Additional Filing Required
For district court judgments (generally claims under $30,000), the creditor must file a “Notice of Lien” in circuit court before the lien attaches to the debtor’s real property. Maryland Rule 3-621 [Lien of Money Judgment] provides in relevant part:
(c) In Counties Other Than Baltimore City.
(1) Notice of Lien. A person holding a money judgment entered in a county other than Baltimore City may file with the clerk of the court of entry a request that a certified Notice of Lien of Judgment be transmitted for recording to the clerk of the circuit court for that county or any other county. Within 24 hours after the filing of the request, the clerk shall transmit the Notice of Lien. If the Notice of Lien is transmitted to another county, the clerk at the same time shall transmit a certified copy of the judgment to the clerk of the District Court sitting in that county. The clerk shall maintain a record of all transmittals.
(2) Content of Notice. A Notice of Lien shall contain: (A) the names of the parties, designating each judgment creditor as a plaintiff and each judgment debtor as a defendant; (B) the name of the court and assigned docket reference; (C) the date of the judgment; and (D) the amount of the judgment.
(3) Date of Lien. When a Notice of Lien is recorded and indexed in the circuit court, the judgment constitutes a lien from the date of recording.
Maryland Rule 2-621(b) further provides:
District Court Notice of Lien. Upon receiving a certified copy of a Notice of Lien from the District Court pursuant to Rule 3-621, the clerk shall record and index the notice in the same manner as a judgment.
Scope of Judgment Liens — MD Code § 11-402
With respect to judgment liens generally, MD Code, Courts and Judicial Proceedings, § 11-402 provides as follows:
Land defined: (a) In this section, “land” means real property or any interest in or appurtenant to real property.
Land located in county in which judgment rendered: (b) If indexed and recorded as prescribed by the Maryland Rules, a money judgment of a court constitutes a lien to the amount and from the date of the judgment on the judgment debtor’s interest in land located in the county in which the judgment was rendered except a lease from year to year or for a term of not more than five years and not renewable.
Land located outside county in which judgment rendered: (c) If indexed and recorded as prescribed by the Maryland Rules, a money judgment constitutes a lien on the judgment debtor’s interest in land located in a county other than the county in which the judgment was originally entered, except a lease from year to year or for a term not more than five years and not renewable.
Satisfaction of judgment: (d) Promptly after the entry of an order of satisfaction or the filing of a written statement by a judgment creditor with the clerk of the court that a judgment of a court has been satisfied, the clerk of the court shall make an entry of the word “satisfied” on the horizontal line in the judgment record where the lien is indexed.
Charging Order
In plain terms: If the debtor owns a share of a business — a partnership, LLC, or corporation — the court can redirect the debtor’s share of any business distributions directly to you instead. This tool is especially useful when the debtor’s wealth is tied up in a business rather than a bank account.
When a judgment-debtor owns an interest in a partnership, LLC, corporation, or other business entity, the creditor may request a “charging order” against that interest. A charging order is the statutory mechanism by which the creditor reaches the debtor’s partnership interest. If the business makes distributions to its partners or members, the charging order directs the debtor’s share to the creditor instead.
Issuance and Service of a Charging Order
Maryland Rule 3-649(a) Issuance of Order. Upon the written request of a judgment creditor of a partner, the court where the judgment was entered or recorded may issue an order charging the partnership interest of the judgment debtor with payment of all amounts due on the judgment. The court may order such other relief as it deems necessary and appropriate, including the appointment of a receiver for the judgment debtor’s share of the partnership profits and any other money that is or becomes due to the judgment debtor by reason of the partnership interest.
(b) Service. The order shall be served on the partnership in the manner provided by Chapter 100 of this Title for service of process to obtain personal jurisdiction. The order may be served in or outside the county. Promptly after service of the order upon the partnership, the person making service shall mail a copy of the request and order to the judgment debtor’s last known address. Proof of service and mailing shall be filed as provided in Rule 3-126. Subsequent pleadings and papers shall be served on the creditor, debtor, and partnership in the manner provided by Rule 1-321.
Writ of Execution
In plain terms: A writ of execution instructs the sheriff to physically seize the debtor’s property — such as vehicles, equipment, or real estate — and sell it to satisfy your judgment. The sheriff posts a notice on the property and, if ordered, removes it from the premises.
A judgment creditor may request a writ of execution directing the sheriff to levy on the debtor’s property. Maryland Rule 2-641 governs issuance:
Issuance and Instructions to the Sheriff
Maryland Rule 2-641 [Writ of Execution – Issuance and Content] — Generally. Upon the written request of a judgment creditor, the clerk of a court where the judgment was entered or is recorded shall issue a writ of execution directing the sheriff to levy upon property of the judgment debtor to satisfy a money judgment. The writ shall contain a notice advising the debtor that federal and state exemptions may be available and that there is a right to move for release of the property from the levy. The request shall be accompanied by instructions to the sheriff that shall specify (1) the judgment debtor’s last known address, (2) the judgment and the amount owed under the judgment, (3) the property to be levied upon and its location, and (4) whether the sheriff is to leave the levied property where found, or to exclude others from access to it or use of it, or to remove it from the premises. The judgment creditor may file additional instructions as necessary and appropriate and deliver a copy to the sheriff. More than one writ may be issued on a judgment, but only one satisfaction of a judgment may be had.
How the Sheriff Executes the Levy
Maryland Rule 2-642 [Writ of Execution – Levy]
(a) Levy Upon Real Property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor’s interest in real property pursuant to a writ of execution by entering a description of the property upon a schedule and by posting a copy of the writ and the schedule in a prominent place on the property.
(b) Levy Upon Personal Property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor’s interest in personal property pursuant to a writ of execution by obtaining actual view of the property, entering a description of the property upon a schedule, and (1) removing the property from the premises, or (2) affixing a copy of the writ and schedule to the property, or (3) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property and affixing to each item of property a label denoting that the property has been levied upon by the sheriff, or (4) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property without affixing a label to each item of property if affixing a label to each item of property is possible but not practical.
(c) Possession of Personal Property by Third Person. When the sheriff has been instructed to remove the property from the premises or exclude others from access or use and finds the property in the possession of a person, other than the judgment debtor, who asserts entitlement to possession and objects to the sheriff’s removal of it or exclusion of that person from access or use, the sheriff may levy and leave the property where found.
(d) Notice of Levy. The sheriff shall furnish a copy of the writ of execution and schedule to any person found by the sheriff to be in possession of the property, and, if that person is not the judgment debtor, the sheriff shall promptly mail a copy of the writ and schedule to the judgment debtor’s last known address.
(e) Return. Following a levy, the sheriff shall promptly file a return together with the schedule. If the writ of execution was received from another county under Rule 2-641(b), a copy of the return and schedule shall also be filed in the county where the judgment was entered.
Frequently Asked Questions
Not sure where to start? Here are answers to the most common questions we hear from clients trying to collect on a judgment.
I won my court case, so why haven’t I been paid yet?
Winning a judgment is the legal recognition that someone owes you money — but the court does not automatically collect it for you. The debtor must either voluntarily pay, or you must take additional legal steps to enforce the judgment. Many debtors ignore judgments, hoping the creditor won’t pursue them. Tools like garnishments, liens, and writs of execution compel payment through the courts.
What if I don’t know where the debtor works or banks?
You can use a court process called discovery in aid of enforcement to compel the debtor to disclose their assets. This includes written interrogatories the debtor must answer under oath, requests for bank statements and financial records, and a formal examination before a judge or court examiner. Debtors who lie or refuse to appear face contempt of court.
How much of the debtor’s wages can be garnished?
Federal law limits wage garnishment to 25% of the debtor’s disposable income per pay period. For debtors earning at or near minimum wage, even lower limits apply. The debtor’s employer must withhold this amount each pay period and send it directly to you or your attorney — and cannot fire the employee solely because of the garnishment.
Can a judgment lien force the debtor to sell their house?
A judgment lien attaches to real property the debtor owns in the county where the judgment was recorded. While it doesn’t force an immediate sale, the debtor generally cannot sell or refinance without first paying you. Combined with a writ of execution in some circumstances, a forced sale may be possible — though homestead exemptions and other factors can affect the outcome. An attorney can advise on the best strategy for your situation.
What if the debtor claims to have no money or assets?
A debtor who claims to be “judgment-proof” may genuinely have no collectible assets right now — but that can change. Judgments in Maryland are valid for 12 years and can be renewed. If the debtor later finds employment, inherits money, or acquires property, the judgment remains enforceable. Our attorneys can also investigate whether assets were hidden or fraudulently transferred, which courts can reverse.
Does it matter whether my judgment was from district court or circuit court?
Yes. Circuit courts generally handle claims over $30,000; district courts handle smaller claims. For a district court judgment, you must file a separate Notice of Lien in the circuit court for that county before the lien attaches to the debtor’s real property — this step does not happen automatically. The enforcement tools are largely the same across both courts, but the procedural steps differ.
Do Maryland, Virginia, and DC rules differ?
Yes. Automatic stays, post-judgment discovery, garnishment limits, and lien procedures all vary across the three jurisdictions. What works in Maryland may require different paperwork or timing in Virginia or DC. Our attorneys practice in all three jurisdictions and can advise on the right approach for your situation.
How long does judgment enforcement take?
Timeline depends on the tools used and the debtor’s circumstances. A wage garnishment typically begins within 30–60 days of serving the employer. Bank garnishments can move faster when funds are present. Placing a lien is quick but may take years to produce payment if the debtor doesn’t sell or refinance. Our attorneys can help identify and pursue the fastest available path given the debtor’s specific assets.
To discuss your judgment enforcement matter, contact Mike Bramnick at (301) 945-7800 or mbramnick@bramnicklegal.com.