Legal Question in Real Estate Law in Maryland

Hi folks, my tenants owe me about 4 months of rent ($6000). I took them to court for an eviction order and I was granted the eviction. Now, I am looking to get my money back.

What kind of paperwork should I file on the District Court of Maryland (Montgomery County)?

Civil domestic case? http://www.courts.state.md.us/courtforms/index.html

Also, if I win the case, who does ensure the tenants will pay me back? The court?

One of them is a county employee, so is there a way their paycheck gets deducted with what they owe me?

Thank you.

Frustrated Landlord


Asked on 6/08/10, 12:47 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

In your eviction suit, you should have also asked the court to enter a money judgment for the back rent. However, to get that, you would have had to have the court papers personally served on the tenants, which usually doesn't happen. But if the judge did award you the back rent, you can attach any of the tenants wages or a bank account if you can find it. If you didn't get a money judgment, you will have to file a complaint in the District Court of Maryland, have it served by certified mail or a private process server on the tenants, and then appear in court on the assigned trial date to prove your case. You can get the complaint form from the District Court website (#CV1). Fill it out and take it to the civil clerk at the District Court in your county.

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Answered on 6/09/10, 6:35 am
Sean T. Morris Law Office of Sean T. Morris

You have to file a complaint and affidavit in support of judgment in District Court. The domestic / non-domestic distinctions are for Circuit Court actions (but, just so you know, domestic means family law cases -- divorces, child custody, etc.). Assuming you win in District Court, you'll be able to garnish the wages of your former tenants -- that will just require another court filing. This is not difficult; you just have to follow all the steps. For a modest investment, a lawyer could help you draw up the papers and make sure you do it right and start getting paid as quickly as possible.

Feel free to email ([email protected]) if you would like to discuss. I handle these sorts of cases all the time.

Good luck,

Sean

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Answered on 6/09/10, 6:42 am


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