In Maryland, judgment records are documents that contain a court’s order and the final decision concerning a civil lawsuit. These documents are included as part of a court’s official records and like other Maryland court records, they are stored at the courthouse where the case was heard. Interested and eligible persons can view these documents through a court clerk’s office in paper format or electronically.
Maryland judgment records are made up of sections detailing the numerous aspects of a case. Common information provided on judgment records includes the case number, the location of the court where the case was heard, the judgment entry date, amount disputed, names, addresses, and cities of involved parties.
What is a Judgment?
A judgment is the court's official pronouncement and final order concerning a court case that details the rights and duties of the parties involved. Depending on the type of court case, a judgment can issue numerous verdicts. Ranging from monetary sentiments to conviction and sentencing. Judgments are issued by the judge presiding over a case after taking into consideration all aspects of the case. When the final judgment is filed it becomes legally binding. A judgment can either be provided in a written or oral format. Depending on the courts’ caseload or in situations where a judgment would need to be provided swiftly, an oral judgment is preferably issued. Written judgments are issued in more complex cases of higher significance to the public and members of the legal committee. Generally, written judgments are preferred over oral judgment in cases that are likely to be appealed and can take days, weeks, or months before being dispensed.
In lawsuits, a judgment is a court order that requires the judgment debtor (defendant) to pay a monetary sum to the judgment creditor (plaintiff) of a court case. These court orders provide the creditor with legal rights and tools that can be used to collect the owed sum from their respective debtor.
Maryland Judgment Laws
Maryland’s judgment laws are stated in the state’s Courts and Judicial Proceedings. These statutes express the legal processes defendants and plaintiffs are required to follow in collecting a judgment. Maryland’s Courts and Judicial Proceedings also determine the other legalities connected to a judgment in the state.
What is Maryland Judgment Lien?
A Maryland judgment lien is a lawful claim placed on a debtor’s property that ensures the payment of debt as a result of a civil suit. A judgment lien grants the winning party of a lawsuit the rights to be awarded proceeds from the sale of the losing party’s property. This ensures the settlement of a money judgment placed by the court. Typically, on entry of the court’s final judgment on a civil case, a court order is issued to the losing party to pay sums of money to the winning party. The court is not responsible for retrieving any proceeds awarded by a judgment. The collection of a money judgment is the direct responsibility of the creditor.
In Maryland, judgment liens are non consensual. This entails that judgments liens can be attached to real estates owned by a debtor without their prior knowledge or approval. Liens can automatically be attached to the properties owned by the debtor in the same county where the case was heard. Provided a creditor files a certified copy of the judgment with the district court clerk’s office in other counties, liens can also be attached to the debtor's properties outside the judgment county.
It is important to note that Baltimore city is the only Maryland county where liens are recorded by the court without filing a request. In all other counties, a creditor would be required to file a request to the circuit court to have their liens recorded. This request is made by submitting an accurately filled DV-CV-035 form, Notice of Lean to the circuit court. The court then attaches and sends a notice of lien to the owners of the affected properties. A lien can also affect the ability of a debtor’s property to be sold or granted a loan using the affected property as collateral.
What is a Maryland Summary Judgement?
A Maryland summary judgment is an immediate final judgment that addresses all or some issues of a case rendered by a court without trial. The general goal of a summary judgment is to eliminate the need for a trial. Summary judgments are generally issued in court cases where there are no legitimate disputes over material facts and when a litigant is entitled to a judgment per state laws.
A summary judgment is utilized when the indisputable facts of a case support elements of the law regarding the claims in the case. However, depending on the complexity of cases these standards can be difficult to execute. It is important to note that a final judgment resulting from a summary judgment can later be appealed in higher and appellate courts. However, it is impossible to request another hearing in trial courts.
What is A Summary Judgment Motion In Maryland?
In Maryland, a summary judgment motion is a plea filed by a litigant requesting immediate judgment to all or parts of the issues addressed in a case. These motions are generally made due to the absence of genuine dispute to material facts and a litigant is entitled to a judgment per state laws. Per rule 2-501 of Maryland Civil Procedure, a summary judgment motion can be filed at any time and can be supported and contended with recorded facts of the case. These records can include answers to interrogation, initial pleas, testimonies of depositions, and affidavits. Per Rule 2-501(a) an affidavit would need to be filled with a Summary Judgment Motion. Provided the motion contains facts that are absent from the case records. An affidavit can also be filed if a summary judgment motion is filed before the deadline, in which an opposing litigant motion is required to be filed.
Maryland Judgment Record Search
Per Maryland rule 16-1000, access to court records is generally made open to the public. These court records include Maryland judgment records.
In Maryland, interested persons searching for judgment records can retrieve these records in-person or online. For an In-person records search, anyone can visit the clerk’s office of the courthouse where a case was heard. They would need to provide the clerk with the case number or the names of persons involved in the case. A copy of the record can be made in the courthouse for a fee. Local courthouses can also be reached via a call to inquire if a particular judgment record is available at their location. Searches are made electronically through Maryland judiciary case search and Maryland electronic court.
How Do I Look Up a Judgment In Maryland?
In Maryland, interested persons can look up judgment records by;
- Visiting the clerk’s office of the courthouse where a court case was heard and providing the clerk with the case number or names of persons involved in the case.
- Using the Maryland judiciary case search which offers a summary of an official case file. The summary provides the case number, dates, and the type of the case which includes judgments.
- Using Maryland electronic court (MDEC) which electronically provides documents of a case. Although MDEC use is mandatory for lawyers, its public use is not required. It is important to note that public use of MDCE is subject to certain rules including Rule 20-101 and MDCE procedures and policies. MDCE kiosk can also be used by the public to look up cases of certain courts online but is not made available by all courts.
What Happens if You Have a Judgment Against You in Maryland?
In Maryland when a court renders a judgment against a litigant, the judgment becomes legally bound to parties involved in the case. The losing party becomes the judgment debtor while the winning party is called the judgment creditor. Debtors are required by law to comply with an injunctive order or pay a sum of money to the winning party.
In situations where a debtor refuses to pay or comply with a final judgment, further legal actions can be taken against them by the creditor. These legal actions include garnishing the debtor’s wages or bank account and seizing or placing a lien on the debtor’s personal properties or real estate. Note that a 10-day wait period is required after entry of a judgment before further legal actions can be enforced by a creditor.
A debtor is allowed garnishment exemption of up to $6000 under Maryland Courts and Judicial Proceedings 11-504(b)(5). The affected litigant would need to file a motion for release property from levy/garnishment (DC CV-036) form within 30 days of the bank being served garnishment. Provided a debtor has a valid reason, a judgment can be appealed to a higher court to feasibly have the final judgment overturned.
How Do I Find Out If I Have Any Judgments Against Me In Maryland?
Finding out if a judgment has been made on anyone in Maryland is a relatively easy task as court case records are made public including judgments. These records can be accessed by contacting the clerk of a courthouse and requesting to look up your name or electronically via Maryland judiciary judgment and lien search. Another way of checking if a judgment has been made is through the mail. A notice of judgment entry is usually sent by the court to affected persons via mail.
How Long Does A Judgment Stay On Your Record?
In Maryland, a judgment regarding civil lawsuits cannot be expunged and remains part of a court record permanently. However, judgment can remain on an individual’s credit report for up to 7 years. Once a debtor’s judgment has been fully paid, their creditor would need to file a notice of satisfaction (form DC-CV-031) with the court clerk’s office. If the DC-CV-031 is not filed by the creditor, the debtor can file a Motion for Order Declaring the Judgment Satisfied (form DC-CV-051). In situations where a DC-CV-051 is filed before the DC-CV-031, the court can order the creditor to reimburse the debtor for any cost incurred during the filing period.
Evidence of a judgment’s notice of satisfaction can be used by debtors to have their credit report updated and judgment removed. Updates are made by sending the evidence of a judgment’s notice of satisfaction to relevant credit reporting agencies namely Experian, Equifax, and TransUnion.
How To Enforce A Judgment In Maryland
A creditor of a lawsuit is given the legal authority to recover owed sums of money from a debtor. In Maryland, the court is not responsible for collecting awards provided by the suit. Hence, it is the direct responsibility of the creditor to enforce judgments. In some cases, after the judgment is dispensed the debtor pays the creditor what is owed immediately. However, in other cases where a debtor refuses to pay a creditor legal actions can be taken to enforce judgments.
Note that debtors are required by law to disclose any property they own. If a debtor refuses to disclose owned properties creditors may file a Request for Show Cause Order for Contempt (form DC-CV-033). This order would summon the debtor to court to explain why they should not be held in contempt for refusal to disclose properties they own. A Show Cause Order can only be filed when the debtor either ignores written interrogatories or fails to appear for a court-ordered oral examination hearing. When the debtor fails to appear for the Show Cause hearing, a body attachment may be issued by a judge. In a situation where the body of attachment is not issued on the day of the hearing, a creditor may file for a Request to Issue a Body Attachment (form CC-DC-108). This allows the sheriff’s office to intervene and take the debtor in custody. Hence, bring the debtor before the court to explain their absence.
In Maryland, state laws allow numerous ways of enforcing the satisfaction of judgment by creditors on debtors. These methods include;
- Garnishing the debtor’s wages
- Garnishing the debtor’s bank account
- Seizing the debtor’s personal property or real estate. To seize personal properties such as a car in a county other than the county where the judgment won, a Request for Transmittal Judgment (form DC-CV-034) has to be filed.
- Negotiating with the debtor to agree on an installment payment plan or payment of lesser sums.
How To Collect A Judgment In Maryland
Collecting and enforcing a judgment in Maryland refers to due processes followed in ensuring the satisfaction of a judgment. In other terms, this refers to the liability imposed on the losing party of a lawsuit which requires them to pay sums of money to the winning party of the case. Per Maryland commercial law section 14-202 the use or threat of violence, threat of criminal prosecution, and contacting a debtor’s employer before obtaining a final judgment are some illegal tactics that should not be used in collecting judgments.
In Maryland, legal tactics that are allowed to be used in the collecting judgment includes;
It is important to note that the use of the above-stated tools may require additional court and cost fees.
What Happens if a Defendant Does Not Pay a Judgment in Maryland?
A defendant’s negligence towards settling a judgment can attract numerous legal consequences. Judgment creditors are provided the necessary tools needed to collect their proceeds awarded by a judgment from their debtors inevitably. The use of these tools can cause unpleasantries in a debtor’s life. Some of these tools include wage garnishment, liens on properties, and bank account garnishment. A good rule of thumb to follow is paying judgment immediately when it is made final or in relevant cases, appeal or motion to vacate the judgment.
It is important to note that an appeal or a motion to vacate a judgment must be made within the first 30 days of receiving the final judgment. In Maryland, a judgment also accrues a ten percent interest rate annually, as such the longer a judgment remains unsettled the costlier it becomes. A debtor is also liable for reasonable expenses acquired by a creditor during the collection process. A judgment also reflects poorly on a person’s credit report and can affect their credit score in turn warding off lenders from granting them loans.
What Personal Property Can Be Seized in a Judgment in Maryland?
After exhausting the ten-day wait period, a judgment creditor has the legal right to take a debtor’s personal property in enforcing a judgment. Personal properties including a debtor’s income, real estate, and cars are liable to seizure. However, Several personal properties and amounts of income are exempted and stated under Defendant’s Notice on the second page of the Request of Writ Execution (form DV-CV-040). These items are protected under state and federal laws from being sold to satisfy a judgment.
In Maryland, the county's sheriff’s office is responsible for issuing a copy of the Request of Writ Execution to the debtor's last known address and seizure of a debtor’s properties. After receiving the copy, a debtor would be given a 30 day wait period before the property is sold. During the waiting period, a defendant may file a motion to request property exemption. After 30 days are exhausted, the creditor can contact the sheriff’s office to start the sale of the debtor's property. If after 120 days the property is not sold it may be returned to the debtor.
Maryland Judgment Interest Rate
Per Maryland Court and Judiciary Proceeding Section 11-107, the legal judgment interest rate is ten percent per annum on the amount of judgment. The legal interest rate of a money judgment for a debtor’s rent on residence premises is six percent per annum. For a debtor’s real estate and property taxes, the interest rate is ten percent per annum.
What is a Default Judgment?
A default judgment in a legal proceeding is a court order that usually awards the plaintiff sums of money at the expense of the defendant. This results from the defendant’s reluctance to fight the case in court or an improper response to an order to default. Other ways of defaulting a judgment include not showing up in court when a defendant is supposed to or not answering a legal complaint placed against them. A defendant with legitimate reasons for defaulting can also file a motion to set aside or vacate a default judgment and revive the case.
How to File a Motion To Set Aside Default Judgment in Maryland
In Maryland, a defendant’s negligences toward a civil suit against them can result in a court issuing a default judgment. However, state laws allow defendants with legitimate reasons to file a motion to set aside (cancel) default judgment with the court’s clerk’s office. On approval, a new trial or court date would be issued. Note that in Maryland the process of filing a motion to set aside a default judgment is also called “vacating a judgment”.
How to File Motion To Vacate Judgment in Maryland
A motion to vacate a judgment in Maryland is a written request filed to a court’s clerk’s office. This request is made to change a default motion. A defendant would need to cite appropriate reasons why the judgment was entered wrongly. This motion would need to be filed within the first 30 days of the default judgment entry.
How To Remove An Abstract Of Judgment In Maryland
An abstract of judgment can be removed in Maryland by either a defendant’s full payment of money owed to the plaintiff or by a judgment expiring twelve years after its entry. An abstract of judgment is a summary of a judgment that states the rights and obligations of the parties involved in a case. The purpose of an abstract of judgment is the creation of public records concerning a judgment. An abstract of judgment can be subsequently be used to make claims and place liens on a debtor's property.
How Long Is a Judgment Good For In Maryland
In Maryland, a judgment is only good for twelve years per section 5-102 of the Courts and Judicial Proceedings. If a creditor is unable to collect their judgment within the twelve years time frame, they would need to renew the judgment to continue the collection process. Judgment renewals are made by the creditor by completing and filing a Request to Renew the judgment (form DC-CV-023) with the court. Note that these renewals must be made while the judgment is still valid.
Maryland Judgment Statute of Limitations Law
In Maryland, the judgment statute of limitation laws is established under the Courts and Judicial Proceedings, Section 5-101 and section 5-102. These laws govern a three years limit a debt collection lawsuit can be filed and a twelve years limit on collecting on a judgment. Note that judgments may be renewed within the first twelve years of its validity after which it becomes void.
