State Specific Question About: MARYLAND (MD)

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Written Interrogatories in Aid of Execution

Once 30 days have passed since your judgment was entered, you can submit 15 written questions to the defendant about his or her finances and property. The questions are known as Interrogatories in Aid of Execution, and the defendant is required to answer these questions under oath.

Interrogatories can be served on the defendant through first-class mail. Once you have served the defendant with the questions, you must provide written notice to the court that you have done so. There is no form for this process; a letter that includes your case number and your name and address as well as that of the defendant’s will meet this requirement.

The purpose of these questions is to help you find assets that the defendant owns that can be used to satisfy your judgment. Your questions should cover the defendant’s bank accounts, employment, personal property, and real estate. Unless the court orders otherwise, you may serve only one set of no more than 15 interrogatories to be answered by the same party, so think carefully before you submit questions.

The defendant has 15 days to answer. If you do not receive an answer and more than 15 days have elapsed since you submitted the questions, you can file a Motion Compelling Answers to Interrogatories in Aid of Execution (form DC/CV 30). The motion asks the judge to order the defendant

to answer your questions, and the defendant is given time to respond to the motion.

After the defendant is served with the order, he or she has another 15 days to answer your interrogatories.

Oral Examination in Aid of Enforcement of Judgment

Your second option is bringing the defendant into a courtroom to ask him or her under oath about their finances and property. The answers to the oral questions may help you determine the assets you may seek to garnish in your collection efforts. If you choose this option, you must complete the Request

for Order Directing Defendant to Appear for Examination in Aid of Enforcement of Judgment (form DC/CV 32). The form cannot be filed until 30 days have passed since your judgment was entered.

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AT THE ORAL EXAMINATION, YOU MAY ASK THE DEFENDANT ABOUT REAL ESTATE, CARS AND OTHER ASSETS OWNED, BANK ACCOUNTS MAINTAINED, SOURCES OF INCOME

RECEIVED AND WAGES EARNED

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The order must be served on the defendant within 30 days of its issuance. The order will let the defendant know when he or she is required to appear.

HANDLING AN UNCOOPERATIVE DEFENDANT

If the defendant has been properly served and will not cooperate with your attempts to discover his or her assets, you can file a request for a Show Cause Order (form DC/CV 33). The order will summon the defendant to court to explain why he or she should not be held in contempt for ignoring your discovery efforts. You can only file the request for a Show Cause Order after the defendant has either:

• ignored written interrogatories, as well as an order from the judge compelling his or her answers; or

• failed to appear for an oral examination ordered by the court.

If the defendant fails to appear for the Show Cause hearing, you are permitted to file an Attachment for Contempt (form DC 5). If the judge chooses to issue the attachment, the defendant in your case will be taken into custody by the sheriff’s office and will be brought before the court to explain the failure to appear. The defendant may be required to post a bond for his or her release, which the defendant will forfeit to the state if he or she does not appear at the next hearing.

Both parties will be notified of a new hearing date.