Inside District Court Protective Order Cases Continued from page 40
website). In the event the plaintiff does not have sufficient personal knowledge of a defendant’s military status, this information can be obtained by conducting an online search on the Department of Defense’s Manpower Data Center website:
https://www.dmdc.osd.mil/scra/owa/home.
Automatic Stay on Enforcement of a Judgment
District Court practitioners should be aware that, pursuant to Maryland Rule 3-632, enforcement of a money judgment is automatically stayed until ten (10) days after the judgment has been entered. Tis automatic stay applies to all post-judgment collections efforts including but not limited to the filing of a lien, petitioning for an order for an oral examination or initiating garnishment proceedings.
Judgment Garnishment Once you have received a garnishee’s answer stating that it
is currently holding assets of the judgment debtor, you should
not just celebrate and wait for the garnishee to send you a check! Once served with a garnishment, most garnishees will do nothing more than hold the judgment debtor’s property until a judgment is entered in the garnishment action. Pursuant to Maryland Rule 3-645(j), a judgment creditor should file a Motion for Entry of Judgment Garnishment. Te court will typically enter a “Judgment Garnishment” against the garnishee in favor of the judgment creditor for the amount of the judgment debtor’s property that the garnishee admitted to holding in its answer plus any amount collected by the garnishee after service of the writ. Te total cannot exceed the amount owed under the creditor's judgment against the debtor plus enforcement costs.
Once the
Judgment Garnishment is entered by the court, the garnishee must release the garnished funds to the judgment creditor.
Appeals from the District Court When a party appeals a District Court judgment that
exceeds $5,000 exclusive of interest, costs, and attorney's fees, the appeal of that District Court judgment is heard on the record in Circuit Court. However, when a party seeks an appeal of a ruling in a small claims case (one in which the amount in controversy is less than $5,000 exclusive of
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