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Maryland Request for an Order for the Issuance of a Writ of Attachment Before Judgment

State:
Maryland
Control #:
MD-SKU-0354
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PDF
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Request for an Order for the Issuance of a Writ of Attachment Before Judgment

A Maryland Request for an Order for the Issuance of a Writ of Attachment Before Judgment is a legal document that is filed by a plaintiff in a civil case in order to secure a debt that is owed by the defendant. The Request seeks an order from the court to attach assets of the defendant prior to a judgment being entered. A Writ of Attachment Before Judgment is a legal remedy that allows a plaintiff to prevent a defendant from transferring assets out of the state or from disposing of assets in an attempt to avoid repaying a debt. There are two types of Maryland Request for an Order for the Issuance of a Writ of Attachment Before Judgment: 1) a “regular” writ, which is used when a plaintiff needs to secure a debt that is owed, and 2) a “special” writ, which is used when a plaintiff needs to secure a debt that is owed to a specific person or entity. The Request must be properly completed, including detailed information about the plaintiff, the defendant, the debt, and the assets that the plaintiff wishes to attach. The Request also must be accompanied by an affidavit that sets forth the facts upon which the request is based. Once the Request is filed, the court will review the documents and decide whether to issue the Writ. If the Writ is issued, the defendant’s assets will be frozen until the matter is resolved.

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FAQ

A writ of attachment is considered a prejudgment remedy because it allows a creditor to secure assets before a final judgment is made. This action ensures that the debtor does not remove or hide assets that could be used to satisfy a potential judgment. It acts as a protective measure for the creditor, making sure that, should they win the case, they can collect the owed amounts effectively. Learn more about this remedy by reviewing the Maryland Request for an Order for the Issuance of a Writ of Attachment Before Judgment.

Collecting on a judgment in Maryland typically involves several steps, including garnishment and property liens. A Maryland Request for an Order for the Issuance of a Writ of Attachment Before Judgment can help secure your interests before a trial outcome. Post-judgment actions can include wage garnishment or bank levies, making it essential to follow the correct legal procedures. The uslegalforms platform provides resources to assist you in collection efforts.

Attachment of property before judgment refers to the legal process whereby a court places a hold on a debtor's property pending resolution of a lawsuit. This helps secure the creditor’s ability to collect on a potential judgment. In cases involving a Maryland Request for an Order for the Issuance of a Writ of Attachment Before Judgment, the attachment acts as a safeguard to prevent the debtor from selling or hiding assets before a final decision is made.

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

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.

A writ of execution directing the sheriff to levy upon property of the judgment debtor to satisfy a money judgment may be issued by the clerk of a court where the judgment was entered or is recorded and shall be issued only upon written request of the judgment creditor.

Rule 2-321. A party shall file an answer to an original complaint, counterclaim, cross-claim, or third- party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule. (b) Exceptions.

3-624. When a judgment has been assigned in writing by the judgment holder, the assignment may be filed in the court where the judgment was entered.

Rule 3-644 - Sale of Property Under Levy (a) By Sheriff. Upon request of the judgment creditor, the sheriff, without further order of court, shall sell property under levy in the manner provided by this Rule.

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.

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Maryland Request for an Order for the Issuance of a Writ of Attachment Before Judgment