Upon the plaintiff's request the Court may order the defendant to appear in court to answer the plaintiff's questions regarding location of assets that might be attached or seized under the above procedures. This procedure cannot be used until after 30 days from the date of the judgment. You may also use interrogatories to learn of assets.
1) Circuit Court Rule 2-633(b) and District Court Rule 3-633(b) govern.
2) The request for oral examination can be filed 30 days after entry of the judgment.
3) You can request oral examination of the judgment debtor or any other person if the Court is satisfied by affidavit or other proof that the other person:
a) Has property belonging to the judgment debtor;
b) Is indebted to the judgment debtor, or,
c) Has knowledge of any concealment, fraudulent transfer, or withholding of any assets of the judgment debtor.
(4) The order to be examined must be served upon the debtor or other person as provided by Rules 2-121, 3-121. Carefully read Rule 3-121(a) regarding service at the debtor's dwelling upon a "person of suitable age."
(5) As to private process and constable service versus service by certified mail, each case must be reviewed on its own merits. However, the Postal Service often delivers the letter without complying with the "Restricted Delivery" request. If you do a volume of suits in District Court, private process will probably give you better results.
(6) Examination is conducted by an "examiner" (Master) under Rule 2-542 (Circuit Court) or Rule 3-633 (District Court). In District Court, the attorney, will interrogate the Defendant.
Examination is by Order of the Court:
1. If the debtor fails to appear, the creditor may move for sanctions under Rule 2-433(a) without having to first obtain an Order Compelling Discovery as required under Rule 2-432(a).
2. Failure to appear will result in a Show Cause Order for Contempt being issued. Once the Show Cause is issued, it may be helpful to contact the debtor and explain the steps in the procedure, namely that failure to show up at the show cause hearing can result in you requesting a body attachment. Explain how a body attachment works (i.e., possible incarceration and the necessity of posting a bond).
3. An Attachment for Contempt may issue if the debtor fails to show cause.
