Judgement enforcement question

[DiannaMaria66]

What is the name of your state? Maryland

Unmarried couple own real property (tenants by entirety)

one of the two are sued and ordered to pay $3K

I have two questions:

1. Can the judgement be collected from jointly owned real property?

2.Or is it more likely that the judgement would be enforced via the defendants
personal property?

There is a writ of execution of property in place.From what I can gather it is against the real property.

 

[DiannaMaria66]

JetX?

 

[JETX]

Can the judgement be collected from jointly owned real property?

Yes.... and no. The property can't be forced to sale, but a lien can be placed against the property that must be paid prior to sale or refinancing.

Or is it more likely that the judgement would be enforced via the defendants personal property?

No way to try to anticipate what someone else might do.

There is a writ of execution of property in place.From what I can gather it is against the real property.

A writ of execution is against any and ALL non-exempt property.

 

[DiannaMaria66]

Thanks

Thanks very much for your reply JetX.

It is appreciated much.

 

[DiannaMaria66]

more questions

Yes.... and no. The property can't be forced to sale, but a lien can be placed against the property that must be paid prior to sale or refinancing.



The constable claims that the house (which is worth over $700K) could be auctioned, to satisfy a $3K judgment. Is that possible ? Or is the constable
out of his mind?

 

[JETX]

The constable claims that the house (which is worth over $700K) could be auctioned, to satisfy a $3K judgment. Is that possible ? Or is the constable out of his mind?

I can't speak as to his mental capability, but will say that Maryland is one of the very rare states that has NO homestead exemption for judments.
I would let the constable go for it..... if he can.