Enforcing a Judgment
Topics on this page:
What is a Judgment?
When a party “wins” a civil case, they may be awarded monetary compensation by the court. The compensation is often referred to as a “judgment.” Judgments can include compensation for damages, as well as the costs and fees associated with the lawsuit. After a court issues a judgment, the plaintiff who was awarded the judgment becomes the creditor, and the defendant becomes a debtor.
Collecting the judgment is the responsibility of the creditor. The debtor can pay the creditor immediately and satisfy the judgment. Sometimes, the debtor refuses to satisfy the judgment or does not have the money. If that happens, Maryland law has options for the creditor to collect the money owed to them.
Plaintiffs
The first step to collecting a judgment is to record it. The judgment is automatically recorded in the court that heard your case. Once the judgment is recorded, there are three options for collecting the judgment:
- Garnish the debtor’s wages
- Garnish the debtor’s bank account
- Seize the debtor’s personal property or real estate
More information on these options can be found in the article on Collecting a Judgment.
NOTE: The judgment may need to be recorded in another court if the debtor’s property is in a different county or state.
All approaches to collecting a judgment must comply with Maryland law. Even if you are owed money, you are not allowed to act illegally to collect the debt owed to you. For more information, see the article on Debt Collectors and the Law.
In general, you should try to collect the judgment as soon as possible. As time goes by, it may be harder to keep track of the person who owes you money. There are some important milestones to be aware of:
- Wait until the appeal period is over. After a judgment is entered, there is an automatic stay in place for 10 days. That means the judgment cannot be collected for 10 days. Additionally, the judgment is stayed if the case is appealed. While a judgment is stayed, a creditor cannot collect on the judgment. The defendant has 30 days to file an appeal. A good rule of thumb is to wait 30 days before attempting to collect the judgment.
Read the Rules: Md. Rules 2-632, 3-632, 7-104, 8-202 - Act before the time limit on collecting a judgment expires. You have 12 years to collect your judgment. However, you can renew the judgment by contacting the court. You must renew it before the judgment expires.
Read the Law: Md. Code, Courts and Judicial Proceedings, § 5-102(a)(3); Md. Rule 2-625 and 3-625
Defendants
Judgments are satisfied when the money owed under the judgment is fully paid to the creditor. When the debtor pays the amount owed to the creditor, the creditor must provide the debtor with a written statement that the judgment has been satisfied. The creditor must also file the statement with the court clerk.
Read the Rule: Md. Rule 2-626 and 3-626