Legal Question in Civil Litigation in Maryland

How To Collect a court's judgement from someone who won't pay

Approximately 1.5 years ago, I sued someone in civil court for monetary damages and was awarded the judgement in the amount of $8600 by the district court of Maryland. At that time, I believe my attorney filed a lien on this person's property. A few months later, this person filed for Chapter 13 Bankruptcy, and his debts were restructured. However, the Chapter 13 protection was later dismissed because of his failure to pay. I received notice of the dismissal from the court. Now what are my options? Does the original lien filed on the property still exist? Do I have any other recourse to collect the money he owes me? Can I have his wages garnished?


Asked on 8/19/03, 9:39 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: How To Collect a court's judgement from someone who won't pay

Your lien still stands because presumably it was never discharged in the bankruptcy proceeding. Since that proceeding was dismissed, you can resume your earlier collection efforts, such as by garnishing his wages, bank account, etc. If you know where he works, you file a writ of attachment on wages with the court and after the clerk signs it, you serve it on the employer. This requires them to automatically deduct 25% of his after tax wages and send it to you to satisfy the judgment.

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Answered on 8/19/03, 12:13 pm


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