sueing ex landlord for not returning deposit?

[reenzz]

thanks adjusterjack.
i just sent 15 questionnaires to the defendant as interrogatories.

Unless served by a process server, it's unlikely that landlord will reply and will simply throw the questionnaire in the trash. Did you at least sent it certified?

 

[quantcook]

so just came back from oral exam for interrogatory questionaires.
the landlord didn't provide the full account number, but gave the bank name and account types.
I consulted with our state legal help hotline and was advised to file
REQUEST TO FILE NOTICE OF LIEN
and
REQUEST FOR JUDGMENT - GARNISHMENT for all of his bank account.
then 30 days later to file
MOTION FOR RELEASE OF PROPERTY FROM LEVY/GARNISHMENT
to ask the bank to get the judgement amount for me.

seems finally see the end of light after a year + of hearing and filing.

my question is, I never expected to have so much procedures and time involved when I initial filed the case, so I was only asking for 1x of the deposit ex landlord owed me,
but now I definitely understand why court allow plaintiff to ask for 3x of security deposit owed by landlord. so now, is there an option for me to get some compensation for the length of time I spent working on this. I think I definitely want to ask for more if i know it took so much to just get justice.

can I set a lien on both landlord's house so that he won't be able to sell it and ask for amount more than current judgement if he approach me to release it?

I don't know what you mean by "find a debtor." The debtor is the person or business that is named as the defendant on your judgment so you already know who and where your debtor is.

Did you get a judgment against the landlord as an individual or against a company? Or both? Look at your judgment before answering that question.

Here's a Maryland guide to post judgment debt collection:

https://courts.state.md.us/sites/default/files/import/district/forms/civil/dccv060br.pdf

Here's a form provided by the court:

https://mdcourts.gov/sites/default/files/court-forms/ccdccv032.pdf

Here are the rules referred to. One is for district court. The other is for circuit court.

https://casetext.com/rule/maryland-court-rules/title-3-maryland-rules-of-civil-procedure-district-court/chapter-600-judgment/rule-3-633-discovery-in-aid-of-enforcement

https://casetext.com/rule/maryland-court-rules/title-2-maryland-rules-of-civil-procedure-circuit-court/chapter-600-judgment/rule-2-633-discovery-in-aid-of-enforcement

 

[adjusterjack]

can I set a lien on both landlord's house so that he won't be able to sell it and ask for amount more than current judgement if he approach me to release it?

Here is MD's judgment lien statute:

https://law.justia.com/codes/maryland/2019/courts-and-judicial-proceedings/title-11/subtitle-4/

 

[adjusterjack]

thanks adjusterjack.
it didn't say about change in judgement amount, so I guess it cannot be changed.

Correct.

 

[quantcook]

Correct.

so I went to district court today and file lien and garnishment to his bank.
but surprise me, I thought the lien will be on his house, but instead, i was told that the lien is on his person, not property. so means he cannot get a new loan, sell a house etc.
is it right? I always thought the lien would be on a property like house or cars, not a person. and he won't be able to sell his house then?

 

[quantcook]

Here is MD's judgment lien statute:

https://law.justia.com/codes/maryland/2019/courts-and-judicial-proceedings/title-11/subtitle-4/

so since the lien is on the landlord's name, not his property, can he still sell his house ?

 

[adjusterjack]

He can still sell his house and ignore the lien. However, others might not ignore it. If a buyer wants a mortgage, the mortgage company will want the lien paid. A buyer paying cash might or might not care.

While a judgment lien is helpful, it's not a guarantee that you will ever see your money.

 

[doucar]

The lien being on his name attaches to any real property he owns when it is recorded, it is just not a lien on a specific piece of property only.

 

[quantcook]

The lien being on his name attaches to any real property he owns when it is recorded, it is just not a lien on a specific piece of property only.

right.

He can still sell his house and ignore the lien. However, others might not ignore it. If a buyer wants a mortgage, the mortgage company will want the lien paid. A buyer paying cash might or might not care.

While a judgment lien is helpful, it's not a guarantee that you will ever see your money.

i also filed request to garnish his bank account, but chances are, he moved all his money to another bank that he didn't tell me, or opened a new bank account and transfer them out.

and yes, if someone paid cash to buy the house may not care about the lien, but he won't be able to get any new loans if i understand it correctly.

so what is the action i can take to surely get the money back. I know i can sell his house, but that takes a lengthy process. but it sure will get the money with the sale proceed, and enough to pay any attorney. just time consuming.

 

[doucar]

I don't know about MD, but where I practiced, it wasn't possible or practical to sell real estate to pay off a judgment lien. You just sit and wait for a sale or refinancing to take place. Especially if the mortgage(s) on the house when subtracted from the potential forced sale price of the house, do not exceed the homestead exemption in MD, then you would go through all that time and expense for nothing.

 

[quantcook]

I don't know about MD, but where I practiced, it wasn't possible or practical to sell real estate to pay off a judgment lien. You just sit and wait for a sale or refinancing to take place. Especially if the mortgage(s) on the house when subtracted from the potential forced sale price of the house, do not exceed the homestead exemption in MD, then you would go through all that time and expense for nothing.

what is the homestead exemption?
so the judgement amount is $400+, then i will never get it back even the defendant sell the house next year?

 

[Taxing Matters]

I don't know about MD, but where I practiced, it wasn't possible or practical to sell real estate to pay off a judgment lien.

It's worthwhile for the creditor to do if (1) the judgment is large enough and (2) the judgement attaches enough equity (taking the homestead exemption into account, of course). For small judgments, though, you're correct the costs and trouble of foreclosing the judgment lien would not make it worthwhile.

 

[Taxing Matters]

so the judgement amount is $400+, then i will never get it back even the defendant sell the house next year?

If you have the lien in place and he sells it you will likely get paid. The buyer typically wants all liens on the property satisfied on or before closing.

 

[doucar]

The homestead exemption in Maryland is $23,675.00. More than a few states, less than others. But when a house is sold or refinanced, the lender will insist that all liens be paid, regardless of the homestead exemption. The homestead exemption comes into play in a forced sale or a bankruptcy.

 

[quantcook]

The homestead exemption in Maryland is $23,675.00. More than a few states, less than others. But when a house is sold or refinanced, the lender will insist that all liens be paid, regardless of the homestead exemption. The homestead exemption comes into play in a forced sale or a bankruptcy.

homestead exemption only protect primary residence, and only protect it when the owner passed away I think, the defendant got another rental property, that will not be protected under homestead exemption.

btw, will debt collector help in this case?