Are there any rules prohibiting me from collecting a small claims court judgment outside of court?
No, in Maryland, there are no rules prohibiting an individual from collecting a small claims court judgment outside of court. As long as the judgment has become final, either because all appeals have been exhausted, or the time limit for filing an appeal has expired, the judgment can be enforced. Generally, if the judgment is not paid, the judgment creditor may take certain steps to collect the unpaid amount, including a wage garnishment or bank account levy. In addition, the creditor has the right to obtain a court order that would allow the sheriff or marshal to seize the debtor’s property. The creditor may also turn the judgment over to a collection agency for collection of the unpaid amount. If the debtor owns real estate, the judgment creditor may also file a lien against the property. Another option available to a creditor is to file a motion for a show cause hearing, which would require the debtor to appear in court and explain why the court should not find the debtor in contempt and issue other sanctions. Generally speaking, even though there are enforcement options available, it is usually in the best interest of the judgment creditor to reach an agreement with the judgment debtor to ensure the timely payment of the judgment.
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