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.
The Montgomery Petition for Oral Examination in Aid of Execution in Maryland is a legal process used to enforce a judgment and collect a debt. This petition allows creditors to request an oral examination of the judgment debtor to obtain information about their assets and finances that can aid in executing the judgment. In Maryland, there are different types of Montgomery Petitions for Oral Examination in Aid of Execution: 1. Regular Montgomery Petition: This is the standard type of petition used by creditors to gather information about the judgment debtor's assets and income. It involves requesting the court to order the judgment debtor to appear for an oral examination and answer questions under oath regarding their financial situation. 2. Nonsuit Montgomery Petition: In some cases, a judgment debtor may fail to appear for the regular Montgomery Petition or refuse to answer questions during the oral examination. In such situations, the creditor can file a Nonsuit Montgomery Petition, which seeks a judgment against the debtor for failing to comply with the court order. 3. Supplementary Montgomery Petition: This type of petition is filed when the judgment creditor becomes aware of new assets or financial information of the judgment debtor after the original judgment was entered. It allows the creditor to request an additional oral examination to gain updated information related to the debtor's assets and income. 4. Limited Montgomery Petition: If the judgment debtor resides in a different county from where the original judgment was obtained, the creditor can file a Limited Montgomery Petition. This petition seeks to transfer the case to the debtor's county of residence to conduct the oral examination conveniently. The Montgomery Petition for Oral Examination in Aid of Execution in Maryland is an important legal tool for creditors seeking to collect their debts. By utilizing this petition, creditors can gain valuable information about the judgment debtor's financial situation, which can be used to enforce the judgment and recover the money owed to them.
