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Maryland Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment

State:
Maryland
Control #:
MD-SKU-0352
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Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment

The Maryland Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment is a legal document used by a creditor to collect a judgment from a debtor. This document is used to compel a debtor or other person to appear in court and answer questions about any assets they may have that can be used to satisfy the judgment. It is typically presented to the court and served upon the debtor or other person. There are two types of Maryland Requests for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment: the Maryland Request for Order Directing Defendant to Appear for Examination in Aid of Enforcement of Judgment and the Maryland Request for Order Directing Other Person to Appear for Examination in Aid of Enforcement of Judgment. Both documents must provide the name of the debtor, the name of the creditor, the court where the judgment was entered, the case number, the amount of the judgment, the amount due, and the date of the judgment. Additionally, the Maryland Request for Order Directing Defendant to Appear for Examination in Aid of Enforcement of Judgment must provide the name, address, and telephone number of the debtor. The Maryland Request for Order Directing Other Person to Appear for Examination in Aid of Enforcement of Judgment must provide the name, address, and telephone number of the other person. Both documents must be signed by the creditor and notarized.

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FAQ

If an action is settled upon written stipulated terms and dismissed, the action may be reopened at any time upon request of any party to the settlement to enforce the stipulated terms through the entry of judgment or other appropriate relief.

Rule 3-535 - Revisory Power (a) Generally. On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and may take any action that it could have taken under Rule 3-534.

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.)

(a) For Lack of Jurisdiction. An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of one year from the last issuance of original process directed to that defendant.

A subpoena may be served by a sheriff of any county or by any person who is not a party and who is not less than 18 years of age. Unless impracticable, a party shall make a good faith effort to cause a trial or hearing subpoena to be served at least five days before the trial or hearing.

Except as otherwise provided in Rule 2-634, a judgment creditor may obtain discovery to aid enforcement of a money judgment (1) by use of depositions, interrogatories, and requests for documents, and (2) by examination before a judge or an examiner as provided in section (b) of this Rule.

(A) The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in (i) the issuance of a body attachment directing a law enforcement officer to take the person served into custody and bring that person before the court and (ii) the person served being held in

Rule 3-533 - Motion for New Trial (a) Time for Filing. Any party may file a motion for new trial within ten days after entry of judgment. A party whose judgment has been amended on a motion to amend the judgment may file a motion for new trial within ten days after entry of the amended judgment.

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Maryland Request for Order Directing Defendant or Other Person to Appear for Examination in Aid of Enforcement of Judgment