Md. Code, Courts and Judicial Proceedings, Title 11

Md. Code, Courts and Judicial Proceedings, Title 11
in effect

Md. Code, Courts and Judicial Proceedings § 11-102

(a) A judgment against less than all partners or persons jointly liable on a contract, agreement, instrument, or any other obligation does not extinguish or merge the cause of action against any other partner or person jointly liable but not bound by the judgment. (b) If the debt is not completely satisfied, any partner or person jointly liable but not bound by the judgment may be sued as if his original liability had been joint and several.

Md. Code, Courts and Judicial Proceedings § 11-103

In a contract action brought against alleged joint debtors: (1) The plaintiff need not prove their joint liability as alleged in order to maintain the action; (2) The plaintiff may recover as in actions in tort against one or more of the defendants who are shown by the evidence to be indebted to the plaintiff; and (3) Judgment shall be entered in the plaintiff’s favor against one or more of the defendants as fully as if the defendant or defendants against whom the plaintiff fails to establish a claim had not been joined in the suit.

Md. Code, Courts and Judicial Proceedings § 11-104

(a) In an action of detinue a plaintiff may recover the personal property and damages for the wrongful detention of the property. The judgment or verdict, if jury trial is elected, shall separately specify the value of the property and damages. (b) If the judgment is rendered for the return of the property, the plaintiff may enforce the judgment by a writ of capias in withernam unless the court for good cause shows orders otherwise or the plaintiff agrees on the record to accept the value of the property in lieu of its return.

Md. Code, Courts and Judicial Proceedings § 11-105

In any cause of action affecting the common property, rights, and liabilities of an unincorporated association, joint stock company, or other group which has a recognized group name, a money judgment against the group is enforceable only against the assets of the group as an entity, but not against the assets of any member.

Md. Code, Courts and Judicial Proceedings § 11-106

(a) A money judgment entered in an action arising from a contract for the loan of money shall carry interest at the rate charged in the contract on any balance remaining unpaid until the date of maturity of the contract as originally scheduled. However, the rate of interest shall be on the unpaid principal of the money borrowed. The provisions of this section do not apply to any loan secured by a mortgage or deed of trust. The provisions of this section do not apply when the contractual rate of interest for a student loan of money is less than the prevailing legal rate of interest allowable on the judgment, as set forth in § 11-107 of this subtitle, unless the agreement for the loan of money expressly provides otherwise. (b) In this section, “student loan” means any loan or advance of funds, money, or credit to an individual by an institution of higher learning or a lender to defray, in part or in full, educational or educational related expenses. It includes national defense, national direct, health professional, and nursing student loans.

Md. Code, Courts and Judicial Proceedings § 11-107

(a) Except as provided in § 11-106 of this subtitle, the legal rate of interest on a judgment shall be at the rate of 10 percent per annum on the amount of judgment. (b) The legal rate of interest on a money judgment for rent of residential premises shall be at the rate of 6 percent per annum on the amount of the judgment. (c) The legal rate of interest on a money judgment for delinquent real or personal property taxes shall be the greater of: (1) The sum of the rates fixed under §§ 14-603 and 14-702 of the Tax - Property Article for interest and penalties; or (2) At the rate of 10 percent per annum.

Md. Code, Courts and Judicial Proceedings § 11-108

(a) (1) In this section the following words have the meanings indicated. (2) (i) “Noneconomic damages” means: 1. In an action for personal injury, pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury; and 2. In an action for wrongful death, mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this article. (ii) “Noneconomic damages” does not include punitive damages. (3) “Primary claimant” means a claimant in an action for the death of a person described under § 3-904(d) of this article. (4) “Secondary claimant” means a claimant in an action for the death of a person described under § 3-904(e) of this article. (b) (1) In any action for damages for personal injury in which the cause of action arises on or after July 1, 1986, an award for noneconomic damages may not exceed $350,000. (2) (i) Except as provided in paragraph (3)(ii) of this subsection, in any action for damages for personal injury or wrongful death in which the cause of action arises on or after October 1, 1994, an award for noneconomic damages may not exceed $500,000. (ii) The limitation on noneconomic damages provided under subparagraph (i) of this paragraph shall increase by $15,000 on October 1 of each year beginning on October 1, 1995. The increased amount shall apply to causes of action arising between October 1 of that year and September 30 of the following year, inclusive. (3) (i) The limitation established under paragraph (2) of this subsection shall apply in a personal injury action to each direct victim of tortious conduct and all persons who claim injury by or through that victim. (ii) In a wrongful death action in which there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the limitation established under paragraph (2) of this subsection, regardless of the number of claimants or beneficiaries who share in the award. (c) An award by the health claims arbitration panel in accordance with § 3-2A-05 of this article for damages in which the cause of action arose before January 1, 2005, shall be considered an award for purposes of this section. (d) (1) In a jury trial, the jury may not be informed of the limitation established under subsection (b) of this section. (2) (i) If the jury awards an amount for noneconomic damages that exceeds the limitation established under subsection (b) of this section, the court shall reduce the amount to conform to the limitation. (ii) In a wrongful death action in which there are two or more claimants or beneficiaries, if the jury awards an amount for noneconomic damages that exceeds the limitation established under subsection (b)(3)(ii) of this section, the court shall: 1. If the amount of noneconomic damages for the primary claimants equals or exceeds the limitation under subsection (b)(3)(ii) of this section: A. Reduce each individual award of a primary claimant proportionately to the total award of all of the primary claimants so that the total award to all claimants or beneficiaries conforms to the limitation; and B. Reduce each award, if any, to a secondary claimant to zero dollars; or 2. If the amount of noneconomic damages for the primary claimants does not exceed the limitation under subsection (b)(3)(ii) of this section or if there is no award to a primary claimant: A. Enter an award to the primary claimant, if any, as directed by the verdict; and B. Reduce each individual award of a secondary claimant proportionately to the total award of all of the secondary claimants so that the total award to all claimants or beneficiaries conforms to the limitation. (e) The provisions of this section do not apply to a verdict under Title 3, Subtitle 2A of this article for damages in which the cause of action arises on or after January 1, 2005.

Md. Code, Courts and Judicial Proceedings § 11-109

(a) (1) In this section, “economic damages” means loss of earnings and medical expenses. (2) “Economic damages” does not include punitive damages. (b) As part of the verdict in any action for damages for personal injury in which the cause of action arises on or after July 1, 1986 or for wrongful death in which the cause of action arises on or after October 1, 1994, the trier of fact shall itemize the award to reflect the monetary amount intended for: (1) Past medical expenses; (2) Future medical expenses; (3) Past loss of earnings; (4) Future loss of earnings; (5) Noneconomic damages; and (6) Other damages. (c) (1) The court or the health claims arbitration panel may order that all or part of the future economic damages portion of the award be paid in the form of annuities or other appropriate financial instruments, or that it be paid in periodic or other payments consistent with the needs of the plaintiff, funded in full by the defendant or the defendant’s insurer and equal when paid to the amount of the future economic damages award. (2) In the event that the court or panel shall order that the award for future economic damages be paid in a form other than a lump sum, the court or panel shall order that the defendant or the defendant’s insurer provide adequate security for the payment of all future economic damages. (3) The court or panel may appoint a conservator under this subsection for the plaintiff, upon such terms as the court or panel may impose, who shall have the full and final authority to resolve any dispute between the plaintiff and the defendant or the defendant’s insurer regarding the need or cost of expenses for the plaintiff’s medical, surgical, custodial, or other care or treatment. (d) If the plaintiff under this section dies before the final periodic payment of an award is made, the unpaid balance of the award for future loss of earnings shall revert to the estate of the plaintiff and the unpaid balance of the award for future medical expenses shall revert to the defendant or to the defendant’s insurer if the insurer provided the funds for the future damages award.

Md. Code, Courts and Judicial Proceedings § 11-110

(a) (1) In this section the following words have the meanings indicated. (2) “Compensatory damages” means: (i) In the case of the death of a pet, the fair market value of the pet before death and the reasonable and necessary cost of veterinary care; and (ii) In the case of an injury to a pet, the reasonable and necessary cost of veterinary care. (3) (i) “Pet” means a domesticated animal. (ii) “Pet” does not include livestock. (b) (1) A person who tortiously causes an injury to or death of a pet while acting individually or through an animal under the person’s ownership, direction, or control is liable to the owner of the pet for compensatory damages. (2) The damages awarded under paragraph (1) of this subsection may not exceed $25,000.

Md. Code, Courts and Judicial Proceedings § 11-111

(a) If a court orders that a deed of any kind shall be executed, it may appoint a trustee to execute the deed. (b) Until the trustee executes a deed, the decree: (1) If passed in the county where the land lies, has the same effect as an executed deed; and (2) If passed in another county, has the same effect as an executed deed if recorded in the county where the land lies within 6 months after the date of the decree.

Md. Code, Courts and Judicial Proceedings § 11-112

(a) In this section, “payor” has the same meaning stated in § 19-132 of the Health - General Article. (b) (1) Except as provided in paragraph (2) of this subsection, this section applies to any right of subrogation under a contract or applicable law for payment of health care benefits or services for an injured person paid or payable by a payor or under any system of self-insurance or indemnification for health care expenses, if the amount of the subrogee’s claim as determined under subsection (c) of this section is voluntarily paid by the injured person from the injured person’s recovery in a claim for personal injury. (2) This section does not apply to a voluntary reduction of a subrogation claim by a payor that exceeds the reduction of the subrogation claim described in subsection (c) of this section. (c) (1) Unless a subrogee files a petition to intervene in the personal injury action and is independently represented by counsel, in a subrogation claim arising out of a claim for personal injury, the amount permitted to be recovered by a payor for health care benefits or services paid or payable on behalf of the injured person shall be reduced by the amount that is determined by: (i) Subject to paragraph (2) of this subsection, dividing the amount of the total recovery in the claim for personal injury into the total amount of the attorney’s fees incurred by the injured person for services rendered in connection with the injured person’s claim; and (ii) Multiplying the result under subparagraph (i) of this paragraph by the amount of the payor’s subrogation claim. (2) The percentage under paragraph (1)(i) of this subsection may not exceed one-third. (d) A payor has no obligation to advise an injured person or an attorney for the injured person of the injured person’s right to a reduction of the subrogation claim described in subsection (c) of this section. (e) On written request by a payor, an injured person or an attorney for the injured person who demands a reduction of the subrogation claim described in subsection (c) of this section shall provide the payor with a certification by the injured person that states the amount of the attorney’s fees incurred by the injured person for services rendered in connection with the injured person’s claim.

Md. Code, Courts and Judicial Proceedings § 11-202

(a) In the absence of fraud, negligence, or willful trespass, the measure of damages for the wrongful working and abstracting of another’s minerals is the value to the person from whose property they were taken at the time of the taking of the minerals in their native state, before severance. (b) If the minerals were abstracted furtively or in bad faith the measure of damages is the value of the minerals ready for market without allowance for labor and expenses.

Md. Code, Courts and Judicial Proceedings § 11-203

(a) In an action on the bond of the clerk of a court or register of wills, the measure of damages is the sum the clerk or register charged for the services he has not performed. (b) If a person sustains special damages because the clerk or register fails to perform the services requested, the person shall be compensated for the special damages in addition to the clerk’s fees.

Md. Code, Courts and Judicial Proceedings § 11-301

(a) In an action for bodily injury arising from the operation of a motor vehicle in which a money judgment is entered in favor of the plaintiff, the court may assess interest against the defendant at the rate of not more than 10 percent per annum on the amount of judgment from a time not earlier than the time the action was filed if it finds that the defendant caused unnecessary delay in having the action ready or set for trial. (b) For the purposes of this section, a delay caused by the defendant’s insurer or counsel is deemed an unnecessary delay caused by the defendant.

Md. Code, Courts and Judicial Proceedings § 11-401

(a) In this subtitle the following terms have the meanings indicated. (b) “Court” means a court of law or a court of equity and includes the United States District Court for the District of Maryland, the United States Bankruptcy Court for the District of Maryland, the Supreme Court of Maryland, the Appellate Court of Maryland, a circuit court of a county or Baltimore City, and the District Court of Maryland. (c) (1) “Money judgment” means a judgment determining that a specified amount of money is immediately payable to the judgment creditor. (2) “Money judgment” does not include a judgment mandating the payment of money.

Md. Code, Courts and Judicial Proceedings § 11-402

(a) (1) In this section the following words have the meanings indicated. (2) “Land” means real property or any interest in or appurtenant to real property. (3) “Medical debt” has the meaning stated in § 14–203.1 of the Real Property Article. (b) (1) A complaint seeking a money judgment shall indicate whether the judgment sought is for medical debt. (2) A complaint seeking a money judgment for medical debt shall include the address of the primary residence of the defendant. (c) If indexed and recorded as prescribed by the Maryland Rules, a money judgment of a court constitutes a lien to the amount and from the date of the judgment on the judgment debtor’s interest in land located in the county in which the judgment was rendered except: (1) For a lease from year to year or for a term of not more than five years and not renewable; and (2) As provided in § 14–203.1 of the Real Property Article. (d) If indexed and recorded as prescribed by the Maryland Rules, a money judgment constitutes a lien on the judgment debtor’s interest in land located in a county other than the county in which the judgment was originally entered, except: (1) For a lease from year to year or for a term not more than five years and not renewable; and (2) As provided in § 14–203.1 of the Real Property Article. (e) Promptly after the entry of an order of satisfaction or the filing of a written statement by a judgment creditor with the clerk of the court that a judgment of a court has been satisfied, the clerk of the court shall make an entry of the word “satisfied” on the horizontal line in the judgment record where the lien is indexed.

Md. Code, Courts and Judicial Proceedings § 11-404

(a) This section applies to an examination in aid of enforcement of a money judgment entered or recorded in a circuit court or in the District Court. (b) (1) Except as provided in paragraph (2) of this subsection, in ruling on a request by a judgment creditor for an examination in aid of enforcement, the court may not require the judgment creditor to show that good cause exists for the examination. (2) The court may require a judgment creditor to show that good cause exists for the examination of a person if the court granted a request by the judgment creditor for an examination of the same person within the previous 12 months.

Md. Code, Courts and Judicial Proceedings § 11-501

A sheriff or constable to whom any writ of execution is directed may seize and sell the legal or equitable interest of the defendant named in the writ in real or personal property. The sheriff or constable shall execute the writ, conduct the sale, and distribute the proceeds pursuant to rules adopted by the Supreme Court of Maryland.

Md. Code, Courts and Judicial Proceedings § 11-502

(a) A sheriff shall give notice of the time, place, and terms of the sale of any property under execution before the property can be sold. (b) In the case of a sale of an interest in property, the notice shall be posted on the courthouse door or on a bulletin board in the immediate vicinity of the door of the courthouse and printed in a newspaper, published in the county where the property is located at least: (1) Ten days before the sale of personal property; or (2) 20 days before the sale of real property. (c) If the sheriff gives notice by publication in a newspaper, he may recover the costs of publication from the defendant. If the defendant is unable to pay the costs, the sheriff may recover the costs of publication from the plaintiff. (d) A sheriff’s sale of real property extinguishes any subordinate lien or interest on the land subject to the sale.

Md. Code, Courts and Judicial Proceedings § 11-503

(a) Except in Harford County, if a sheriff is required to sell real or personal property as part of his official duties, he may employ an auctioneer of his choice and charge the costs of the sale to the debtor. (b) If the Sheriff of Harford County employs an auctioneer, the debtor is primarily liable, but if the proceeds of the sale are insufficient to cover the costs, the creditor is liable for the balance of the costs.

Md. Code, Courts and Judicial Proceedings § 11-504

(a) (1) In this section the following words have the meanings indicated. (2) “Depository institution” means a bank, credit union, trust company, savings bank, or savings and loan association, or any of their affiliates or subsidiaries. (3) “Value” means fair market value as of the date on which the execution or other judicial process becomes effective against the property of the debtor, or the date of filing the petition under the federal Bankruptcy Code. (b) The following items are exempt from execution on a judgment: (1) Wearing apparel, books, tools, instruments, or appliances, in an amount not to exceed $5,000 in value necessary for the practice of any trade or profession except those kept for sale, lease, or barter. (2) Except as provided in subsection (i) of this section, money payable in the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings. This exemption includes but is not limited to money payable on account of judgments, arbitrations, compromises, insurance, benefits, compensation, and relief. Disability income benefits are not exempt if the judgment is for necessities contracted for after the disability is incurred. (3) Professionally prescribed health aids for the debtor or any dependent of the debtor. (4) The debtor’s interest, not to exceed $1,000 in value, in household furnishings, household goods, wearing apparel, appliances, books, animals kept as pets, and other items that are held primarily for the personal, family, or household use of the debtor or any dependent of the debtor. (5) Subject to subsection (c)(3) of this section, up to $500 in a deposit account or other account of the debtor held by a depository institution, without election of the debtor. (6) Cash or property of any kind equivalent in value to $6,000 is exempt, if within 30 days from the date of the attachment or the levy by the sheriff, the debtor elects to exempt cash or selected items of property in an amount not to exceed a cumulative value of $6,000, except that the cumulative value of cash and property exempted under this item and item (5) of this subsection may not exceed $6,000. (7) Money payable or paid in accordance with an agreement or court order for child support. (8) Money payable or paid in accordance with an agreement or court order for alimony to the same extent that wages are exempt from attachment under § 15–601.1(b)(1)(i) of the Commercial Law Article. (9) The debtor’s beneficial interest in any trust property that is immune from the claims of the debtor’s creditors under § 14.5–511 of the Estates and Trusts Article. (10) With respect to claims by a separate creditor of a husband or wife, trust property that is immune from the claims of the separate creditors of the husband or wife under § 14.5–511 of the Estates and Trusts Article. (c) (1) (i) In order to determine whether the property listed in subsection (b)(4) and (6) of this section is subject to execution, the sheriff shall appraise the property at the time of levy. (ii) The sheriff shall return the appraisal with the writ. (iii) An appraisal made by the sheriff under this paragraph is subject to review by the court on motion of the debtor. (iv) Procedures will be as prescribed by rules issued by the Supreme Court of Maryland. (2) (i) A writ of garnishment issued for a deposit account or other account held by a depository institution shall instruct the garnishee that, subject to additional exemptions, it is to garnish only the amount exceeding the amount exempted without election of the debtor. (ii) A depository institution may not be liable to the judgment creditor for actions taken in good faith reliance on the instructions in the writ of garnishment required under this paragraph. (3) (i) A depository institution shall, on receipt of a writ of garnishment or other levy or attachment, answer the writ of garnishment or other levy or attachment and, if the debtor maintains any deposit accounts with the depository institution, state: 1. That the total amount does not exceed $500; or 2. The amount of funds in excess of $500 that has been held pending further order of court. (ii) For any funds in excess of $500, the depository institution shall follow all other customary procedures for handling a writ of garnishment or other levy or attachment, including freezing of funds. (iii) 1. If a debtor holds an interest in multiple deposit accounts at a single depository institution, the depository institution may determine how and to which account or accounts the $500 exemption should be applied. 2. This subparagraph does not create a cause of action against a depository institution that complies with a writ of garnishment or other levy or attachment. (iv) The exemption under subsection (b)(5) of this section: 1. Applies separately to each depository institution and to each writ of garnishment directed to a depository institution; and 2. Does not preclude or reduce a debtor’s rights to any other exemption provided by State or federal law. (d) The debtor may not waive, by cognovit note or otherwise, the provisions of subsections (b) and (h) of this section. (e) The exemptions in this section do not apply to wage attachments. (f) (1) (i) In addition to the exemptions provided in subsection (b) of this section, and in other statutes of this State, in any proceeding under Title 11 of the United States Code, entitled “Bankruptcy”, any individual debtor domiciled in this State may exempt the debtor’s aggregate interest in: 1. Personal property, up to $5,000; and 2. Subject to subparagraph (ii) of this paragraph: A. Owner–occupied residential real property, including a condominium unit or a manufactured home that has been converted to real property in accordance with § 8B–201 of the Real Property Article; or B. A cooperative housing corporation that owns property that the debtor occupies as a residence. (ii) The exemption allowed under subparagraph (i)2 of this paragraph may not exceed the amount under 11 U.S.C. § 522(d)(1), adjusted in accordance with 11 U.S.C. § 104, subject to the provisions of paragraphs (2) and (3) of this subsection. (2) An individual may not claim the exemption under paragraph (1)(i)2 of this subsection on a particular property if: (i) The individual has claimed successfully the exemption on the property within 8 years prior to the filing of the bankruptcy proceeding in which the exemption under this subsection is claimed; or (ii) The individual’s spouse, child, child’s spouse, parent, sibling, grandparent, or grandchild has claimed successfully the exemption on the property within 8 years prior to the filing of the bankruptcy proceeding in which the exemption under this subsection is claimed. (3) The exemption under paragraph (1)(i)2 of this subsection may not be claimed by both a husband and wife in the same bankruptcy proceeding. (g) In any bankruptcy proceeding, a debtor is not entitled to the federal exemptions provided by § 522(d) of the federal Bankruptcy Code. (h) (1) In addition to the exemptions provided in subsections (b) and (f) of this section and any other provisions of law, any money or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan qualified under § 401(a), § 403(a), § 403(b), § 408, § 408A, § 414(d), or § 414(e) of the United States Internal Revenue Code of 1986, as amended, or § 409 (as in effect prior to January 1984) of the United States Internal Revenue Code of 1954, as amended, shall be exempt from any and all claims of the creditors of the beneficiary or participant, other than claims by the Maryland Department of Health. (2) Paragraph (1) of this subsection does not apply to: (i) An alternate payee under a qualified domestic relations order, as defined in § 414(p) of the United States Internal Revenue Code of 1986, as amended; (ii) A retirement plan, qualified under § 401(a) of the United States Internal Revenue Code of 1986, as amended, as a creditor of an individual retirement account qualified under § 408 of the United States Internal Revenue Code of 1986, as amended; or (iii) The assets of a bankruptcy case filed before January 1, 1988. (3) The interest of an alternate payee in a plan described under paragraph (1) of this subsection shall be exempt from any and all claims of any creditor of the alternate payee, except claims by the Maryland Department of Health. (4) If a contribution to a retirement plan described under paragraph (1) of this subsection exceeds the amount deductible or, in the case of contribution under § 408A of the Internal Revenue Code, the maximum contribution allowed under the applicable provisions of the United States Internal Revenue Code of 1986, as amended, the portion of that contribution that exceeds the amount deductible or, in the case of contribution under § 408A of the Internal Revenue Code, the maximum contribution allowed, and any accrued earnings on such a portion, are not exempt under paragraph (1) of this subsection. (i) (1) In this subsection, “net recovery” means the sum of money to be distributed to the debtor after deduction of attorney’s fees, expenses, medical bills, and satisfaction of any liens or subrogation claims arising out of the claims for personal injury, including those arising under: (i) The Medicare Secondary Payer Act, 42 U.S.C. § 1395y; (ii) A program of the Maryland Department of Health for which a right of subrogation exists under §§ 15–120 and 15–121.1 of the Health – General Article; (iii) An employee benefit plan subject to the federal Employee Retirement Income Security Act of 1974; (iv) A health insurance contract; or (v) A workers’ compensation insurance plan. (2) Twenty–five percent of the net recovery by the debtor is subject to execution on a judgment for a child support arrearage on a claim for: (i) Personal injury; or (ii) Workers’ compensation indemnity benefits, including any weekly benefits or settlement proceeds payable to the debtor.

Md. Code, Courts and Judicial Proceedings § 11-505

In addition to any other requirement under the Maryland Rules, before the court may ratify a sheriff’s sale of real property under levy pursuant to a writ of execution, the judgment creditor who requested the issuance of the writ shall provide to the court a copy of the public assessment record for the real property kept by the supervisor of assessments in accordance with § 2-211 of the Tax - Property Article.

Md. Code, Courts and Judicial Proceedings § 11-506

(a) If the defendant has waived his exemptions, the court shall enter the waiver on the docket and on the writ, but failure to make the entry does not affect the validity of the waiver. (b) The court may strike out or invalidate a waiver for sufficient reasons.

Md. Code, Courts and Judicial Proceedings § 11-507

Notwithstanding any other provision of this subtitle, the provisions of this subtitle relative to exemptions do not impair a: (1) Vendor’s purchase money lien on land; (2) Mechanics’ lien; (3) Tax lien; (4) Mortgage; deed of trust; or other security interest; or (5) Lien on land affected by a judgment in favor of a local government for real property maintenance violations or nuisance condition violations that is indexed and recorded in accordance with the Maryland Rules.

Md. Code, Courts and Judicial Proceedings § 11-508

(a) If the appraiser determines that the defendant’s property cannot be divided to satisfy a judgment without loss to the defendant, the sheriff shall sell the property. After the sale, the defendant is entitled to $100 from the proceeds of sale. (b) The sheriff may not sell the property if the proceeds of sale would be less than $100. (c) This section applies only when a single parcel of land or single item of personal property is levied on.

Md. Code, Courts and Judicial Proceedings § 11-510

(a) If a sheriff states in his return that he seized property of the defendant which remains unsold, or that the defendant has satisfied the judgment mentioned in the process in whole or in part, the court, on motion of the plaintiff, may order the sheriff to bring the money into court or show cause for the failure to do so. (b) If the sheriff fails to bring into court the amount of the judgment due the plaintiff, the court may enter judgment against the sheriff in the amount of the claim, if the court is satisfied that the sheriff received the debt from the defendant and that his return is false. (c) A remedy granted under this section does not prejudice the plaintiff’s right to proceed against the sheriff’s bond.

Md. Code, Courts and Judicial Proceedings § 11-511

(a) If a dispute exists as to the distribution of the proceeds of a sheriff’s sale, the sheriff may file one or more returns. (b) The court may ratify one of the returns, or may direct the sheriff to file further returns. (c) The ratification of a return under this section is a final order.

Md. Code, Courts and Judicial Proceedings § 11-512

If a sheriff is prevented by an injunction from selling personal property taken in execution, the court may order the return of the property taken to the party from whom it was taken, and the sheriff is not answerable to the plaintiff for failure to sell the property.

Md. Code, Courts and Judicial Proceedings § 11-513

(a) If a recognizance taken for the appearance of a person to answer or testify is forfeited, the State’s Attorney may order a writ of execution to be issued for the sum due on the recognizance. (b) If a writ of execution is issued against a person who failed to answer or testify, on the return of the execution he may file any plea to the execution which would be good and sufficient to a scire facias if a scire facias had issued on the recognizance. (c) If the plea is determined in favor of the person who filed the plea, he shall be discharged from the forfeiture. However, he may not be discharged from the execution before a hearing on the plea unless he: (1) Pays or satisfies the execution; (2) Gives a bond payable to the State; or (3) Enters into a recognizance in court with security in double amount of the forfeiture and costs due on the execution with condition to appear and plead in discharge of the execution, and abide by and fulfill the judgment on the recognizance.

Md. Code, Courts and Judicial Proceedings § 11-601

(a) Except as provided by subsection (b) of this section, if a judgment of condemnation is executed against a garnishee or the garnishee pays the judgment, he may plead the execution or payment in bar in an action brought against him by the defendant even though the judgment is later reversed or set aside. (b) The garnishee may not plead the execution or payment if at the time of execution or payment the judgment or its execution is stayed by order of court.

Md. Code, Courts and Judicial Proceedings § 11-602

A sheriff may not levy by way of execution against a garnishee more than the amount the plaintiff makes appear to be the value of the property and credits attached in the hands of the garnishee, but in no event may the levied assets exceed the plaintiff’s debt and costs including the cost incurred to the plaintiff by the garnishee’s contest of the garnishment.

Md. Code, Courts and Judicial Proceedings § 11-603

(a) (1) Except as provided in paragraph (2) of this subsection, a garnishment against property held jointly by husband and wife, in a bank, trust company, credit union, savings bank, or savings and loan association or any of their affiliates or subsidiaries is not valid unless both owners of the property are judgment debtors. (2) Paragraph (1) of this subsection does not apply unless the property is held in an account that was established as a joint account prior to the date of entry of judgment giving rise to the garnishment. (b) (1) A garnishment against property held in a bank, trust company, credit union, savings bank, or savings and loan association, or any of their affiliates or subsidiaries, by one person in trust for that person and another person or persons, is not valid unless all of the persons are judgment debtors. (2) A garnishment against property held in a bank, trust company, credit union, savings bank, or savings and loan association, or any of their affiliates or subsidiaries, by one or more persons in trust for another person or persons, is not valid unless all of the persons are judgment debtors. (3) A garnishment against property held in a bank, trust company, credit union, savings bank, or savings and loan association, or any of their affiliates or subsidiaries, to be payable on the death of one or more persons to another person or persons, is not valid unless all of the persons are judgment debtors. (c) (1) Notwithstanding subsections (a) and (b) of this section and regardless of the relationship between or among the persons, if property held in an account in the name of 2 or more persons at a bank, trust company, credit union, savings bank, or savings and loan association or any of their affiliates or subsidiaries is garnished, and fewer than all of the persons named on the account are the judgment debtors, the garnishee may answer the writ of garnishment by stating: (i) That the property is held in an account at the garnishee in the name of 2 or more persons, 1 or more of whom but fewer than all of whom, are judgment debtors; and (ii) The amount held in the account at the time the writ of garnishment was served on the garnishee. (2) If the garnishee answers as described in paragraph (1) of this subsection, the garnishee shall hold the lesser of the amount of the judgment or the amount in the account subject to an entry of a court order releasing the property held by the garnishee or a final judgment in the garnishment proceeding. (3) If the garnishee answers and holds property as provided under paragraphs (1) and (2) of this subsection, the garnishee may not be held liable to the judgment creditor or to any person named on the account for wrongful dishonor or for any other claim relating to the garnishment.

Md. Code, Courts and Judicial Proceedings § 11-704

The District Court may not, in aid of enforcement or execution of a money judgment resulting from a small claim action under § 4–405 of this article, order an individual to: (1) Appear for an examination; or (2) Answer interrogatories.

Md. Code, Courts and Judicial Proceedings § 11-802

(a) (1) In this subsection, “legally protected health care” has the meaning stated under § 2–312 of the State Personnel and Pensions Article. (2) (i) Except as provided in subparagraphs (ii), (iii), and (iv) of this paragraph, a copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this State may be filed in the office of the clerk of a circuit court. (ii) If the face amount of the judgment is $2,500 or less, the copy shall be filed with the clerk of the District Court. (iii) If the face amount of the judgment is not more than a jurisdictional amount described in § 4–401 of this article, but more than $2,500, the copy may be filed either with the clerk of the District Court or in the office of the clerk of a circuit court. (iv) Except as required by federal law, a judgment creditor may not file a copy of any foreign judgment under this section if the judgment was issued in connection with any litigation concerning legally protected health care, unless the underlying cause of action is: 1. Based in tort, contract, or statute; 2. A claim for which a similar or equivalent claim would exist in the State; and 3. A. Brought by the patient who received legally protected health care, or the patient’s legal representative; or B. Based on conduct that would be prohibited under the laws of this State. (3) The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed. (b) A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed.

Md. Code, Courts and Judicial Proceedings § 11-803

(a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor’s attorney shall file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. (b) (1) The clerk promptly shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. (2) The notice must include the name and post office address of the judgment creditor and if the judgment creditor has an attorney in this State, the attorney’s name and address. (3) The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. (4) If proof of mailing by the judgment creditor has been filed, lack of mailing notice of filing by the clerk does not affect the enforcement proceedings.

Md. Code, Courts and Judicial Proceedings § 11-804

(a) The court shall stay enforcement of the foreign judgment until an appeal is concluded, the time for appeal expires, or a stay of execution expires or is vacated if the judgment debtor: (1) Shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted; and (2) Proves that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered. (b) If the judgment debtor shows the court any ground on which enforcement of a judgment of the court of this State would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, and require the same security for satisfaction of the judgment that is required in this State.

Md. Code, Courts and Judicial Proceedings § 11-805

(a) (1) A person filing a foreign judgment shall pay $25 to the clerk of the court. (2) Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this State. (b) The judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this subtitle.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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