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Rule 2-643 – Release of Property from Levy

May 13, 2021 | Civil Prodcedure, Maryland

(a) Upon Satisfaction of Judgment. Property is released from a levy when the judgment has been entered as satisfied and the costs of the enforcement proceedings have been paid.
(b) Upon Posting Bond. The judgment debtor may also obtain release of property from a levy by filing a bond in an amount sufficient to satisfy the judgment and enforcement costs.
(c) Upon Motion of Judgment Debtor. Upon motion of the judgment debtor, the court may release some or all of the property from a levy if it finds that (1) the judgment has been vacated, has expired, or has been satisfied, (2) the property is exempt from levy, (3) the judgment creditor has failed to comply with these rules or an order of court regarding the enforcement proceedings, (4) property sufficient in value to satisfy the judgment and enforcement costs will remain under the levy after the release, (5) the levy upon the specific property will cause undue hardship to the judgment debtor and the judgment debtor has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the judgment and enforcement costs, or (6) the levy has existed for 120 days without sale of the property, unless the court for good cause extends the time.

The motion and any response to the motion may be accompanied by a request for court review of the sheriff’s appraisal made at the time of the levy.

(d) Upon Election of Exemption by Judgment Debtor. By motion filed within 30 days after a levy, the judgment debtor may elect to exempt from execution of the judgment selected items of property or cash not exceeding in amount the cumulative value permitted by law. The motion and any response to the motion may be accompanied by a request for court review of the sheriff’s appraisal made at the time of the levy. The court shall release from the levy items of cash or property selected by the debtor to the extent required by law.
(e) Upon Claim of a Third Person. A person other than the judgment debtor who claims an interest in property under levy may file a motion requesting that the property be released. The motion shall be served on the judgment creditor and, if reasonably feasible, on the judgment debtor. If the judgment debtor is not served and does not voluntarily appear, the claimant shall file an affidavit showing that reasonable efforts have been made to ascertain the whereabouts of the judgment debtor and to provide the judgment debtor with notice of the motion. The court may require further attempts to notify the judgment debtor. The judgment creditor or the judgment debtor may file a response to the motion.
(f) Hearing. A party desiring a hearing on a motion filed pursuant to this Rule shall so request pursuant to Rule 2-311(f) and, if requested, a hearing shall be held promptly.

Md. R. Civ. P. Cir. Ct. 2-643

This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former Rule G51.

Section (c) is derived from former Rule G51.

Section (d) is new.

Section (e) is new.

Section (f) is new.

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