Maryland Request for Writ of Possession

State:
Maryland
Control #:
MD-SKU-0387
Format:
PDF
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Description Writ Possession

Request for Writ of Possession

The Maryland Request for Writ of Possession is a legal document that is used to gain possession of a property that is subject to a landlord-tenant dispute. This document is generally used when a tenant fails to pay rent or otherwise breaches the terms of the rental agreement. The Writ of Possession is issued by the court and requires the tenant to vacate the property within a set time period. There are two types of Maryland Request for Writ of Possession: residential and commercial. The residential Writ of Possession is used when a tenant is in violation of a residential lease agreement. This document is granted by a judge to the landlord upon the landlord’s filing of a complaint. The commercial Writ of Possession is used when a tenant is in violation of a commercial lease agreement. This document is also granted by a judge to the landlord upon the landlord’s filing of a complaint. Both types of Writ of Possession require that the tenant vacate the property within a set time period. If the tenant does not comply with the Writ of Possession, the landlord may seek assistance from law enforcement to have the tenant removed from the property.

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FAQ

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.

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.)

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.

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.

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.

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.

More info

Approved for use under rule 10-2. 1(a) of the Rules Regulating The Florida Bar.A writ of possession is a legal document a court issues after a landlord is successful in an eviction lawsuit. The party causing issuance of the writ may apply to the court for an order directing the sheriff to complete execution of the writ. The Sheriff's office charges a fee to execute the Writ of Possession and remove the Defendant. The landlord can request a writ of restitution. After a judgment for possession is entered, your landlord must file a writ of restitution in order to evict you. If the tenant does not move out willingly, he or she will forcibly be removed from the premises. The landlord can request a writ of restitution. (Include in this statement whether any part of the claimed property is within a private place that may have to be entered to take possession.

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Maryland Request for Writ of Possession