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Maryland Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment

State:
Maryland
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MD-SKU-0353
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Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment

Maryland Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment is a legal document used to request an order for a defendant or other person to appear at a court hearing for a deposition or deposition examination. This order is typically used when a plaintiff has obtained a judgment against a defendant and is seeking to enforce that judgment. The order is issued by the court and can be served upon the defendant or other person. There are two types of Maryland Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment: 1. Maryland Request for Order Directing Defendant to Appear for Examination: This request is used when a defendant has failed to comply with a court-ordered judgment. The plaintiff may use this order to compel the defendant to appear in court for a deposition or deposition examination. 2. Maryland Request for Order Directing Other Person to Appear for Examination: This request is used when a defendant has assets or property that can be used to satisfy a judgment and the plaintiff needs to determine the location and value of those assets or property. The plaintiff may use this order to compel another person, such as a bank or third party, to appear in court for a deposition or deposition examination.

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FAQ

Except as otherwise provided in Rule 2-634, 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.

Rule 3-643 - Release of Property from Levy (a) Upon Satisfaction of Judgment. Property is released from a levy when the judgment has been entered as satisfied and the costs of the enforcement proceedings have been paid.

When money damages are awarded on both a claim and a counterclaim, judgment shall be entered for the excess of one over the other. This Rule is derived from former Rule 605 b.

Rule 3-533 - Motion for New Trial (a) Time for Filing. Any party may file a motion for new trial within ten days after entry of judgment. A party whose judgment has been amended on a motion to amend the judgment may file a motion for new trial within ten days after entry of the amended judgment.

(A) The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in (i) the issuance of a body attachment directing a law enforcement officer to take the person served into custody and bring that person before the court and (ii) the person served being held in

If there is no further filing within 120 days after the garnishee's answer is filed, after proper notice to both you and the judgment creditor, the garnishee may file a notice of intent to terminate the writ of garnishment (Md. Rule 3-645.)

West's Annotated Code of MarylandMaryland Rules Upon the written request of the holder of a judgment awarding possession of property, the clerk shall issue a writ directing the sheriff to place that party in possession of the property.

Rule 3-632 - Stay of Enforcement (a) Automatic. Except as otherwise provided in this Rule, enforcement of a money judgment is automatically stayed until the expiration of ten days after its entry. Cross reference: For the definition of money judgment, see Rule 1-202.

More info

TO APPEAR FOR EXAMINATION IN AID OF ENFORCEMENT OF JUDGMENT. (Md. EXAMINATION IN AID OF ENFORCEMENT OF JUDGMENT. (Md.The Judgment Creditor requests the Court to order the Defendant to appear for examination under oath. 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). Request for Order Directing Judgment Debtor or Other Person to Appear for Examination in Aid of Enforcement of Judgment (commonly referred to as an Oral Exam). How Do I File for a Debtor's Examination in Civil Court? What if the Judgment Debtor Fails to Appear? A debtor's exam is a way to find out what property or assets the defendant has that can be used to pay you for the judgment. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms

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Maryland Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment