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Rule 2-641 – Writ of Execution-Issuance and Content

May 13, 2021 | Civil Prodcedure, Maryland

(a) Generally. Upon the written request of a judgment creditor, the clerk of a court where the judgment was entered or is recorded shall issue a writ of execution directing the sheriff to levy upon property of the judgment debtor to satisfy a money judgment. The writ shall contain a notice advising the debtor that federal and state exemptions may be available and that there is a right to move for release of the property from the levy. The request shall be accompanied by instructions to the sheriff that shall specify (1) the judgment debtor’s last known address, (2) the judgment and the amount owed under the judgment, (3) the property to be levied upon and its location, and (4) whether the sheriff is to leave the levied property where found, or to exclude others from access to it or use of it, or to remove it from the premises. The judgment creditor may file additional instructions as necessary and appropriate and deliver a copy to the sheriff. More than one writ may be issued on a judgment, but only one satisfaction of a judgment may be had.
(b) Issuance to Another County. If a judgment creditor requests the clerk of the court where the judgment was entered to issue a writ of execution directed to the sheriff of another county, the clerk shall send to the clerk of the other county the writ, the instructions to the sheriff, and, if not already recorded there, a certified copy of the judgment for recording.
(c) Transmittal to Sheriff; Bond. Upon issuing a writ of execution or receiving one from the clerk of another county, the clerk shall deliver the writ and instructions to the sheriff. The sheriff shall endorse on the writ the exact hour and date of its receipt and shall maintain a record of actions taken pursuant to it. If the instructions direct the sheriff to remove the property from the premises where found or to exclude others from access to or use of the property, the sheriff may require the judgment creditor to file with the sheriff a bond with security approved by the sheriff for the payment of any expenses that may be incurred by the sheriff in complying with the writ.

Md. R. Civ. P. Cir. Ct. 2-641

This Rule is derived as follows:

Section (a) is in part new and in part derived from former Rules G40 b 4, the last sentence of G49 a, and 622 e.

Section (b) is in part new and in part derived from former Rule 622 h 1 and 3.

Section (c) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended May 8, 2007, eff. July 1, 2007.

HISTORICAL NOTES

2007 Orders

The May 8, 2007, order added the cross reference after section (c).

For execution of a judgment against the property of a corporation, joint stock company, association, limited liability company, limited liability partnership, or limited liability limited partnership for the amount of fines or costs awarded against it in a criminal proceeding, see Code, Criminal Procedure Article, ยง 4-203.