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How do I file claim in Montgomery county for court judgement…

Customer Question
How do I file...

How do I file claim in Montgomery county for court judgement of non payment of rent, ten anent has been evicated

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Maryland, Mongomery county

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have court judgment from District court for non payment of rent

Submitted: 7 months ago.Category: Real Estate Law
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12/7/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,905
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Are you asking how you can collect on the judgment for unpaid rent?

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago
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Customer reply replied 7 months ago
no
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

"Wage Garnishment. You may need to try to garnish the wages of the person who owes you money. The Maryland District Court Brochure on Wage Garnishment(link is external) offers “how-to” help on the topic.

Illegal Debt Collection. Under Maryland law, even if you are owed money, you are not allowed to act illegally to collect the debt owed to you.

When should you collect your judgment? In general, you should try to collect the judgment as soon as possible. As time goes by, it may be harder to keep track of the person who owes you money.

1. Wait until the appeal period is over. If you received a judgment in small claims court, you should wait at least 30 days until the appeal period has passed. Check with the court clerk to see if an appeal has been filed. Under Maryland Rule 3-534(link is external) the defendant has 10 days to make a motion to amend the judgment. Under Maryland Rule 7-104(link is external) the Defendant has 30 days to make an appeal."

Has the time passed for the appeal period?

2. Act before the time limit on collecting a judgment expires. Yyou have 12 years to collect your judgment. However, you can renew the judgment by contacting the court again. You must renew it before the judgment expires. Read the Rules: Maryland Code, Courts and Judicial Proceedings, Section 5-102(a)(3)(link is external) , Maryland Rule 3-625

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Please ignore any requests for a telephone call. I am happy to continue in this format at no additional charge to you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

"No" ?

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

“Collecting on a Judgment

Once the court issues an order requiring the other person to pay money owed to you, that does not mean the person will write you a check that day. Normally, the court will not collect the money for you. If the defendant in your case is not willing to pay the debt or work out a payment plan, it is up to you to take the steps necessary to enforce the judgment. This may require further legal action. To begin an enforcement action, you will have to complete and file more forms with the court, pay the required filing fees and appear in court for additional hearings.

The court order requiring the other person to pay you is called a judgment. It is automatically recorded in the court that heard your case. You usually have to wait 10 days before you can take further legal action to enforce the judgment.

What type of case can I file?

Once the waiting period passes, there are three different ways you can collect on the judgment:

1. Garnishing the other person’s wages;

2. Garnishing the other person’s bank account; or

3. Seizing the other person’s personal property or real estate.

You must file documents with the court and provide the other person with copies of all motions or correspondence you file with the court in order to garnish or seize money or property.

If the other person does not have a job, a bank account, real estate or other significant property, you may have difficulty collecting on the judgment.

For more information on how to collect on a judgment in District Court, see the brochure, Post-Judgment Collection - How to Collect Your Judgment in the District Court of Maryland (DC-CV-60BR)/Cómo cobrar ell fallo en el Tribunal de Distrito de Maryland (DC-CV-60BRS)” http://mdcourts.gov/legalhelp/collectingjudgment.html

Judgment Lien Law https://www.nolo.com/legal-encyclopedia/judgment-liens-maryland-46838.html

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Are you online with me?

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Are you online with me? Do you have any additional questions for me?

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