Lawsuits

by Samantha Chan

How Procedural Rules Preserve Your Options in Court

Many people think court cases are decided by dramatic testimony, persuasive arguments, or who is “right.” All of these things may be decisive in some cases, but in many cases, the path to a positive outcome has much to do with understanding and following court procedural rules.

One common frustration I hear from clients is that litigation doesn’t work the way they expect it to.

“Why do we have to file all these pleadings and motions if I already have the photos, evidence, and documents to show the judge I’m right?”

While pleadings, motions, and discovery may feel unnecessary to someone who doesn’t work in the legal system, procedural rules frequently control how a court is even permitted to decide a case.

An example I saw in practice recently illustrates the importance of filing a counterclaim in an appropriate case. A counterclaim is a claim asserted by the defendant against the plaintiff in the same case. Procedurally, it transforms the defendant from a purely reactive party into one with an independent claim for relief. That distinction matters more than most people realize.

A Real‑World Example from Family Law

Consider a divorce case:

The plaintiff files a complaint for absolute divorce. The defendant files an answer and a counterclaim for absolute divorce. Both pleadings allege essentially the same facts and request the same relief: that the parties be divorced. At first glance, the counterclaim may seem unnecessary. But timing and procedural posture can change quickly.

In one recent case, on the day of the hearing, the plaintiff decided she was not ready to proceed with the divorce. Had the defendant only filed an answer, without also filing a counterclaim, the court would have been left with no pending claim from a party ready to move forward. But because the defendant had filed a counterclaim, the court still had a live, ripe claim before it. The judge was able to proceed and grant the divorce based on the defendant’s counterclaim, even though the plaintiff no longer wished to go forward that day. That is the power of a counterclaim.

The Broader Lesson: Procedure Preserves Your Options

This principle is not unique to divorce or family law. Similar issues arise across civil litigation:

• Contract disputes: A defendant who agrees that money is owed but believes the plaintiff breached the contract first. Without a counterclaim, the court may only proceed with the plaintiff’s claims.
• Partnership/shareholder disputes: A business owner is removed from a company but fails to file a counterclaim alleging that the removal violated the company’s governing documents. By failing to assert that claim at the outset, the owner may lose the opportunity to challenge whether the required procedures were followed.
• Landlord‑tenant cases: A tenant agrees that rent has not been paid, but failing to file a counterclaim asserting habitability issues may prevent the court from considering those issues at all.

In each of these situations, the underlying facts may be straightforward, but the procedural posture could determine the outcome. If you are involved in litigation or responding to a lawsuit, understanding the procedural landscape may be critical. An experienced attorney’s role is not only to advocate on the merits, but to protect your ability to obtain relief by navigating those rules correctly.

by David Hisle

What to Do After a Judgment is Entered in Your Favor

Collecting On a Judgment

Winning a lawsuit in Maryland is a significant achievement — but collecting on a judgment is not always easy. A court entering judgment in your favor does not guaranty that you will receive payment. A judgment debtor (the person who owes you money) may try to delay paying the judgment, refuse to pay, or simply be unable to pay.

Maryland law provides tools to help the holder of a judgment collect what is owed.  Here are some things to consider, once a court enters a judgment in your favor:

Wait For the Judgment to Become Final

In Maryland, most civil judgments become “final” and enforceable only after 10 days have passed following the date on which the court enters the judgment on its official court docket. If the losing party files an appeal or files a motion to alter, amend, or appeal the judgment, that will further put off the date on which you can start seeking enforcement. Once the judgment is final, you can begin using the collection methods allowed under Maryland law.

Request Information From the Judgment Debtor

To initiate the collection process, you can start by asking the judgment debtor to provide financial information voluntarily. Forms for doing so may be accessed through the courts’ website – mdcourts.gov

If the judgment debtor refuses to cooperate, Maryland offers a powerful tool, known as post-judgment discovery. Through this process, you can require the judgment debtor to disclose information about:

• Bank accounts
• Employment
• Real property
• Vehicles
• Income sources
• Other assets

Post-judgment discovery may include submission of written questions to the debtor called “interrogatories”, or submitting formal requests for documents to the debtor. Alternatively, or in addition, you can ask the court to require the judgment debtor to appear in court and answer questions under oath about their assets.

Writs of Garnishment

If a judgment debtor won’t voluntarily pay a judgment, garnishment is often the most efficient means to force payment. Once a writ of garnishment is served on a financial institution or other entity holding property belonging to the judgment debtor, the person in possession of the debtor’s property will be required to turn over the money or property to the holder of the judgment (subject to some available defenses), up to the point where judgment is fully satisfied, or the court orders otherwise.

Wage Garnishment

Maryland allows garnishment of a portion of the debtor’s disposable wage earnings each pay period. Once served with a writ of wage garnishment, the judgment debtor’s employer must withhold the garnished amount and send it directly to the holder of the judgment (sometimes through the court).

Bank Account Garnishment

The holder of a judgment also may garnish a judgment debtor’s bank account to gain payment of a judgment. Once served, the bank must freeze the account and respond to the garnishment.

Place a Lien On Real Property

A judgment entered by a Circuit Court in Maryland automatically becomes a lien on any real estate that is titled in the sole name of the judgment debtor, and is located in the same county as the Circuit Court.  A judgment lien can be established against property located in another Maryland county only by filing appropriate papers with the court asking it to transfer a copy of the judgment from the Circuit Court of the county in which the judgment was entered to the Circuit Court in the county in which the subject property is located.

For District Court of Maryland judgments, you must file appropriate court papers to record the District Court judgment in the Circuit Court for the county in which the property is located, in order to establish a lien against the property. Once a judgment lien against real property is established, the property thereafter cannot not be sold, refinanced, or transferred unless or until the judgment is satisfied.

If necessary, you can also pursue a judicial sale of the debtor’s real property to satisfy a judgment, though this is less common, can be expensive, and requires court approval.

Levy and Sale of Personal Property

In some cases, you can cause the Sheriff to seize and sell a judgment debtor’s personal property—such as vehicles, equipment, or valuable goods—through a writ of execution. This allows the Sheriff to levy property, hold an auction, and apply the proceeds to pay off the judgment. This method of gaining satisfaction of a judgment is more complex and often requires assistance from an experienced litigation attorney to identify assets and navigate the procedural requirements.

Renew the Judgment Before It Expires

Maryland judgments are enforceable for 12 years after they are entered by the court, and as the holder of the judgment, you may thereafter renew the judgment for additional 12-year periods. However, the renewal must take place before the expiration of the 12-year term. If the judgment debtor has only limited assets when the judgment is entered, but might accumulate income or property later, renewing the judgment ensures your right to pursue the judgment into the future.

Understanding your legal options under Maryland law is important, but engaging the legal assistance of a qualified lawyer is fundamental to ensuring your best interests are protected. Lewicky, O’Connor, Hunt, & Meiser have represented countless Maryland residents in lawsuits and are experienced in the post-judgement process. If you have won a lawsuit and need help collecting on the judgment or need representation for an upcoming legal dispute, contact our office today to schedule your consultation.