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Rule 2-642 – Writ of Execution-Levy

May 13, 2021 | Civil Prodcedure, Maryland

(a) Levy Upon Real Property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor’s interest in real property pursuant to a writ of execution by entering a description of the property upon a schedule and by posting a copy of the writ and the schedule in a prominent place on the property.
(b) Levy Upon Personal Property. Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor’s interest in personal property pursuant to a writ of execution by obtaining actual view of the property, entering a description of the property upon a schedule, and (1) removing the property from the premises, or (2) affixing a copy of the writ and schedule to the property, or (3) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property and affixing to each item of property a label denoting that the property has been levied upon by the sheriff, or (4) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property without affixing a label to each item of property if affixing a label to each item of property is possible but not practical.
(c) Possession of Personal Property by Third Person. When the sheriff has been instructed to remove the property from the premises or exclude others from access or use and finds the property in the possession of a person, other than the judgment debtor, who asserts entitlement to possession and objects to the sheriff’s removal of it or exclusion of that person from access or use, the sheriff may levy and leave the property where found.
(d) Notice of Levy. The sheriff shall furnish a copy of the writ of execution and schedule to any person found by the sheriff to be in possession of the property, and, if that person is not the judgment debtor, the sheriff shall promptly mail a copy of the writ and schedule to the judgment debtor’s last known address.
(e) Return. Following a levy, the sheriff shall promptly file a return together with the schedule. If the writ of execution was received from another county under Rule 2-641(b), a copy of the return and schedule shall also be filed in the county where the judgment was entered.

Md. R. Civ. P. Cir. Ct. 2-642

This Rule is derived as follows:

Section (a) is in part new and in part derived from former Rule G49 a.

Section (b) is in part new and in part derived from former Rule G49 a.

Section (c) is new.

Section (d) is new.

Section (e) is in part new and in part derived from former Rule 622 h 2.

Adopted April 6, 1984, eff. July 1, 1984.

Code, Courts Article, ยง 11-504.