Legal Question in Credit and Debt Law in Maryland

Collecting on a Judgment issued in California on party in Maryland

Are there special forms when attemptiing to request a writ of execution/notice of Levy in Maryland when the original Judgment was issued in California? I have the forms for Maryland but the court information asks for the address of a Maryland Court and Maryland Case Number which presumes it's a Maryland Judgment on which I'm requesting the ''Writ of execution'' and ''request for garnishment other than wages''.


Asked on 3/09/06, 2:51 pm

2 Answers from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Collecting on a Judgment issued in California on party in Maryland

You cannot enforce (i.e. collect) on a non-Maryland judgment until it is domesticated in Maryland. This is a process whereby you obtain a certified copy of the California judgment and file it in Maryland. A new lawsuit must be started, but the proceeding is typically summary, meaning that most states will recognize the judgment and permit you to enforce it within a certain period of time after you serve the debtor (in Maryland) with a copy of the domesticated judgment.

The procedure can be tricky. We represent many out of state creditors who seek to domesticate sister state judgments in California. If you need a referral to an attorney in Maryland who can handle your case on a contingency or hourly basis, please email us.

Good luck.

***No Legal Services or Attorney Client Relationship - Although this email may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorized to rely on this email as a source of legal advice. Until a formal Retainer Agreement is executed, any communication between you and The Guerrini Law Firm cannot create any attorney-client relationship between you and The Guerrini Law Firm.***

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Answered on 3/10/06, 9:35 am
Daniel Press Chung & Press, P.C.

Re: Collecting on a Judgment issued in California on party in Maryland

You first must domesticate the judgment in Maryland, which is usually done through the Uniform Enforcement of Foreign (i.e., out-of-state) Judgments Act. Once that is done, and you have turned it into a MD judgment, you can issue appropriate writs -- not until then.

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Answered on 3/09/06, 3:15 pm


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