Rule 2-647.Enforcement of judgment awarding possession
Circuit Court · Last amended July 1, 2023 · Last verified July 13, 2026
Full Text of Rule 2-647
Amendment History
Amended Apr. 7, 1986, effective July 1, 1986; Nov. 21, 2013, effective Jan. 1, 2014; April 21, 2023, effective July 1, 2023.
Committee Note & Source
Source. This Rule is new.
Plain-English Summary
Winning a lawsuit over property does not put a party back in possession of it. Someone still has to go collect the property, and Rule 2-647 spells out how that happens. The party who holds the judgment asks the clerk, in writing, to issue a writ of possession. That request has to give the sheriff enough to act on: identify the judgment, describe the property and where it sits, and name the party the judgment awards it to. The clerk passes the writ and instructions along to the sheriff, who carries them out.
Some judgments give the winning party a choice — take the property back, or collect its value instead. When a judgment works that way, the instructions to the sheriff must also state what the property is worth. The writ then does double duty: it directs the sheriff to seize the property if it can be found, and it authorizes the sheriff to levy on the debtor's other real or personal property to cover that value if the property cannot be located.
The rule also handles a practical wrinkle. Real property does not always respect county lines. If the property covered by the judgment straddles the county where the judgment was entered and an adjoining county, the sheriff does not need a second writ from the neighboring county — the same sheriff can execute the writ against the whole property.
Frequently Asked Questions
What must the instructions to the sheriff include?
They must identify the judgment, describe the property and its location, and name the party the judgment awards possession to.
Who asks the clerk to issue the writ?
The holder of the judgment awarding possession makes a written request to the clerk. The clerk then transmits the writ and instructions to the sheriff.
What if the judgment lets the winner take either the property or its value?
The instructions must state the property's value, and the writ authorizes the sheriff to levy on the judgment debtor's other property to satisfy that value if the specified property cannot be found.
What happens if the property sits in two counties?
If the real property covered by the judgment is located partly in the county where the judgment was entered and partly in an adjoining county, the sheriff may execute the writ as to all of the property, without needing a separate writ from the other county.