(a) Request for writ. — At the time of filing a complaint commencing an action or while the action is pending, a plaintiff entitled by statute to attachment before judgment may file a request for an order directing the issuance of a writ of attachment for levy or garnishment of property or credits of the defendant. The request may be made ex parte. The plaintiff shall file with the request an affidavit verifying the facts set forth in the complaint and stating the grounds for entitlement to the writ. The request and affidavit need not be served pursuant to Rule 1-321 at the time of filing.
Rule 2-115.Attachment before judgment
Circuit Court · Last amended July 1, 1986 · Last verified July 13, 2026
In one sentenceMaryland lets a plaintiff who has a statutory right to prejudgment attachment ask, often without advance notice to the defendant, for a writ that seizes or garnishes the defendant's property at the same time the lawsuit is filed, all handled within one case rather than the two separate proceedings Maryland once required.
Full Text of Rule 2-115
(b) Single action. — The request for the writ of attachment shall be filed in the same action as the complaint. The complaint and the request for the writ of attachment and all further proceedings shall constitute a single action and shall be docketed accordingly.
(c) Proceedings on request for writ. — The court shall review the complaint, any exhibits, and the supporting affidavit. The court may require the plaintiff to supplement or explain any of the matters set forth in the documents or to provide further information regarding the property to be attached. If the court determines that the plaintiff is entitled to the writ of attachment, it shall order issuance of the writ conditioned on the filing of a bond by the plaintiff for the satisfaction of all costs and damages that may be awarded the defendant or a claimant of the property by reason of the attachment. The order shall prescribe the amount and security of the bond.
(d) Issuance of writ. — Upon entry of the order and the filing of the bond, the clerk shall issue one or more writs of attachment and shall attach to each writ a copy of the supporting affidavit filed with the request. When the writ directs a levy on the property of the defendant, the procedure shall be in accordance with Rules 2-641 and 2-642. When the writ directs a garnishment of property or credits of the defendant, the procedure shall be in accordance with Rule 2-645, except that no judgment shall be entered against the garnishee until a judgment is entered for the plaintiff on the claim. In applying Rules 2-641, 2-642, and 2- 645, the plaintiff shall be treated as a judgment creditor and the defendant shall be treated as a judgment debtor, and a statement of the amount of the plaintiff’s claim shall be treated as a statement of the amount owed under the judgment.
(e) Proceedings on complaint. — If the request for the writ of attachment accompanies the complaint, the clerk shall issue a summons pursuant to Rule 2-112 upon the filing of the complaint. If the whereabouts of the defendant are unknown or the summons is not served despite reasonable efforts to effect service and if the defendant does not voluntarily appear, the plaintiff may seek an order of publication pursuant to Rule 2-122 for in rem jurisdiction. The court may provide for additional notice to the defendant by any means it deems appropriate.
(f) Dissolution of attachment for lack of service. — An attachment made before service of original process dissolves 60 days after making the levy or serving the garnishee unless before that time the summons is served upon the defendant or first publication is made pursuant to Rule 2-122, provided that publication is subsequently completed. Upon request made within the initial 60 day period, the court for good cause may extend the attachment for not more than 60 additional days to permit service to be made or publication commenced pursuant to this section.
(g) Release of property or dissolution of attachment. — A defendant who has appeared may obtain release of the attached property by posting a bond in an amount equal to the value of the property, as determined by the court, or in the amount of the plaintiff ’s claim, whichever is less, conditioned upon satisfaction of any judgment that may be recovered.
Upon motion of a defendant who has appeared, the court may release some or all of the attached property if it finds that (1) the complaint has been dismissed or settled, (2) the plaintiff has failed to comply with the provisions of this Rule or an order of court regarding these proceedings, (3) the plaintiff fails to demonstrate the probability of success on the merits, (4) property of sufficient value to satisfy the claim and probable costs will remain subject to the attachment after the release, or (5) the attachment of the specific property will cause undue hardship to the defendant and the defendant has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the claim and probable costs.
Upon motion of a defendant or garnishee, the court may release some or all of the attached property on the ground that by law the property is automatically exempt from attachment without the necessity of election or it may dissolve the attachment on the ground that the plaintiff is not entitled to attachment before judgment. If the motion is filed before the defendant’s answer is due pursuant to Rule 2-321, its filing shall be treated as an appearance for that purpose only.
A party desiring a hearing on a motion filed pursuant to this section shall so request in the motion or response and, if requested, a hearing shall be held promptly.
(h) Claim of property by third person. — When attached property is claimed by a person other than the defendant, the claimant may proceed pursuant to Rule 2-643 (e).
(i) Retention of levied or garnished property. — All property and funds coming into the possession of the sheriff by virtue of an attachment shall be retained during the pendency of the action unless otherwise directed by the court. At the request of either party, the court may direct the sale or other disposition of any perishable property upon such terms and conditions as it deems just.
(j) Judgment for defendant. — If judgment is entered for the defendant, the court shall dissolve the attachment. On motion, the court shall then assess and enter judgment for any damages sustained by the defendant by reason of the attachment.
(k) Judgment for plaintiff. — If personal jurisdiction was not obtained over the defendant, any judgment for the plaintiff shall be an in rem judgment against the attached property, and entry and satisfaction of the judgment will not bar further pursuit of the plaintiff ’s claim in the same or another action for any unpaid balance. When judgment is entered for the plaintiff, any funds paid to or collected by the sheriff and the proceeds of any pre-judgment sales of attached property shall be applied toward satisfaction of the judgment and the court shall order the sale of any other attached property to the extent necessary to satisfy the judgment. If personal jurisdiction was obtained over the defendant, the plaintiff may enforce the judgment as provided in Chapter 600 to the extent it remains unsatisfied after application of the proceeds from the attachment.
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986; July 16, 1992.
Committee Note & Source
Cross references. Code, Courts Art. §§ 3-302, 3-303, 3-304, 3-305.
Committee note. This section abolishes a former practice of having two separate cases, the “short note case” and the “attachment case.”
Source. This Rule is derived as follows:
Section (a) is in part new and in part derived from former Rule G40 a and b.
Section (b) is derived from former Rule G43.
Section (c) is derived from former Rule G44.
Section (d) is in part derived from former Rule 645 and in part new.
Section (e) is new.
Section (f) is new.
Section (g) is derived from former Rule G51.
Section (h) is new.
Section (i) is in part new and in part derived from former Rule G60.
Section (j) is new.
Section (k) is derived from former Rule G59.
Plain-English Summary
Attachment before judgment is a way to secure property that might satisfy a judgment before that judgment exists. Rule 2-115 governs the mechanics from request to final judgment. A plaintiff who has a statutory right to this remedy can ask for it at the time of filing the complaint or later while the case is pending, and the request can be made ex parte — without notifying the defendant first. It must be backed by an affidavit that verifies the facts in the complaint and states the grounds for entitlement to the writ. The committee note explains that this single-case structure replaced an older Maryland practice of running two separate cases, the "short note case" and the "attachment case," side by side.
The court reviews the complaint, any exhibits, and the affidavit, and can ask the plaintiff to supplement or explain anything before deciding. If the court finds the plaintiff entitled to the writ, it conditions issuance on the plaintiff posting a bond to cover costs and damages the defendant or a property claimant might later recover because of the attachment. Once the bond is filed, the clerk issues the writ, and the actual levy or garnishment follows the ordinary levy rules (Rules 2-641 and 2-642) or the ordinary garnishment rule (Rule 2-645) — with one modification for garnishment: no judgment against the garnishee until the plaintiff wins judgment on the underlying claim.
Because attaching property before the defendant has even been served raises due-process concerns, the rule builds in a hard deadline: an attachment made before service of the original process dissolves 60 days after the levy or garnishment unless, by then, the defendant has been served or first publication has been made under Rule 2-122 (with publication later completed). A plaintiff who requests it within that initial 60 days can get up to 60 more days for good cause to finish service or start publication.
The rule also gives a defendant several ways to push back once they've appeared: posting a bond to release the property, or moving to release or dissolve the attachment on grounds such as dismissal or settlement of the case, the plaintiff's noncompliance with the rule or a court order, a failure to show a probability of success on the merits, sufficient other attached property remaining to cover the claim, undue hardship paired with an offer of substitute property, or a claim that the property is automatically exempt from attachment or that the plaintiff was never entitled to attachment in the first place. A third party who claims the attached property has a separate route under Rule 2-643(e). And how the case ends determines what happens to the attachment: if the defendant wins, the court dissolves the attachment and can award the defendant damages; if the plaintiff wins without ever having obtained personal jurisdiction over the defendant, the judgment is limited to an in rem judgment against the attached property itself, leaving the plaintiff free to pursue any unpaid balance in a later action.
Frequently Asked Questions
What is attachment before judgment?
A procedure that lets a plaintiff with a statutory right to the remedy ask the court for a writ to levy on or garnish a defendant's property before any judgment has been entered, so the property is available to satisfy a judgment later.
Does the defendant get notice before property is attached?
Not necessarily. The request for the writ can be made ex parte, and the request and supporting affidavit don't have to be served on the defendant at the time they're filed.
What does the plaintiff have to file to get the writ?
An affidavit verifying the facts in the complaint and stating the grounds for entitlement to attachment. The court reviews the complaint, exhibits, and affidavit, can require more information, and conditions issuance of the writ on the plaintiff posting a bond.
What if the defendant is never served after property is attached?
The attachment dissolves 60 days after the levy or garnishment unless the defendant is served, or first publication under Rule 2-122 is made, before that deadline. The court can extend that period by up to 60 additional days for good cause if the plaintiff asks within the initial 60 days.
How can a defendant get attached property released?
By posting a bond equal to the property's value or the plaintiff's claim, whichever is less, or by moving the court to release or dissolve the attachment on grounds like dismissal of the case, the plaintiff's noncompliance, a weak showing on the merits, sufficient other property remaining, undue hardship, or a statutory exemption.
What if someone other than the defendant claims the attached property?
That third-party claimant proceeds under Rule 2-643(e).
What happens to the attachment depending on who wins the case?
If the defendant wins, the court dissolves the attachment and can award the defendant damages caused by it. If the plaintiff wins but the court never had personal jurisdiction over the defendant, the judgment is an in rem judgment limited to the attached property, and the plaintiff can still pursue any unpaid balance separately.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: Maryland attachment before judgmentprejudgment writ of attachment Marylandfreezing a defendant's assets in Marylandgarnishment before judgment Marylandreleasing attached property Maryland court