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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.