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Rule 3-633.Discovery in aid of enforcement

District Court · Last amended July 1, 2024 · Last verified July 13, 2026

In one sentenceA judgment creditor can use interrogatories or a sworn examination to track down a debtor's assets, but not before 30 days have passed and not against an individual debtor in a small-claim case.

Full Text of Rule 3-633

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(a) Methods. — Unless a money judgment arises out of a small claim action against an individual and except as otherwise provided in Rule 3-634, a judgment creditor may obtain discovery to aid enforcement of a money judgment (1) by use of interrogatories pursuant to Rule 3-421, and (2) by examination before a judge or an examiner as provided in section (b) of this Rule.
(b) Examination before a judge or an examiner. —
(1) Generally. — Subject to section (c) of this Rule, on request of a judgment creditor filed no earlier than 30 days after entry of a money judgment, the court where the judgment was entered or recorded shall issue an order requiring the appearance for examination under oath before a judge or person authorized by the Chief Judge of the Court to serve as an examiner of (A) the judgment debtor, or (B) any other person who may have property of the judgment debtor, be indebted for a sum certain to the judgment debtor, or have knowledge of any concealment, fraudulent transfer, or withholding of any assets belonging to the judgment debtor.
(2) Order. —
(A) The order shall specify when, where, and before whom the examination will be held and that failure to appear may result in (i) the issuance of a body attachment directing a law enforcement officer to take the person served into custody and bring that person before the court and (ii) the person served being held in contempt of court.
(B) The order shall be served upon the judgment debtor or other person in the manner provided by Rule 3-121, but no body attachment shall issue in the event of a non-appearance absent a determination by the court that (i) the person to whom the order was directed was personally served with the order in the manner described in Rule 3-121 (a)(1) or (3), or (ii) that person has been evading service willfully, as shown by a particularized affidavit based on personal knowledge of a person with firsthand knowledge.
(3) Sequestration. — The judge or examiner may sequester persons to be examined, with the exception of the judgment debtor.
(c) Subsequent examinations. — After an examination of a person has been held pursuant to section (b) of this Rule, a judgment creditor may obtain additional examinations of the person in accordance with this section. On request of the judgment creditor, if more than one year has elapsed since the most recent examination of the person, the court shall order a subsequent appearance for examination of the person. If less than one year has elapsed since the most recent examination of the person, the court may require a showing of good cause.

Amendment History

Amended Apr. 7, 1986, effective July 1, 1986; Nov. 12, 2003, effective Jan. 1, 2004; December 7, 2015, effective January 1, 2016; May 15, 2019, effective July 1, 2019; amended June 29, 2020, effective August 1, 2020; amended April 5, 2024, effective July 1, 2024.

Committee Note & Source

Committee note. The discovery permitted by this Rule is in addition to the discovery permitted before the entry of judgment, and the limitations set forth in Rule 3-421(b) apply separately to each. Thus, leave of court is not required under Rule 3-421 to serve one set of not more than 15 interrogatories on a judgment debtor solely because interrogatories were served upon that party before the entry of judgment.

Cross references. See Code, Courts Article, § 11-704, prohibiting the District Court from ordering an individual to (1) appear for examination or (2) answer interrogatories in aid of execution of a money judgment arising out of a small claim action.

Cross references. See Rule 1-361.

Cross references. Code, Courts Article, §§ 6-411 and 9-119.

Source. This Rule is derived as follows:

Section (a) is derived from former M.D.R. 627.

Section (b) is in part new and in part derived from former M.D.R. 628 b.

Section (c) is new.

Plain-English Summary

Once a money judgment is entered, a creditor doesn't have to guess where the debtor's assets are. This rule opens two paths to finding out: written interrogatories, and an in-person examination under oath before a judge or an examiner. There's a carve-out for small claims — if the judgment came out of a small claim action against an individual, this rule's discovery tools aren't available at all, and Rule 3-634's Fact Information Sheet process is unavailable too, since it carries the same small-claim exclusion. A creditor holding that kind of judgment has no post-judgment discovery mechanism under either rule.

The examination route starts no earlier than 30 days after entry, on the creditor's request, and can reach not just the debtor but anyone who might hold the debtor's property, owe the debtor money, or know about concealed or fraudulently transferred assets. The court's order has to spell out when, where, and before whom the exam will happen, and it must warn that skipping it can mean a body attachment or contempt — though a body attachment can only issue if the person was personally served or is shown, by a detailed affidavit from someone with firsthand knowledge, to be dodging service on purpose. The judge or examiner can sequester witnesses waiting to testify, but not the debtor. If the creditor wants to examine the same person again, a full year has to pass before that's automatic; sooner than that requires a showing of good cause.

Frequently Asked Questions

How soon after judgment can a creditor start post-judgment discovery?

An examination can't be requested until at least 30 days after the judgment is entered. Interrogatories in aid of enforcement are available under Rule 3-421.

Can a small-claim judgment against an individual be enforced with this kind of discovery?

No. This rule's discovery tools don't apply when the money judgment came from a small claim action against an individual.

If I already sent interrogatories before judgment, can I send more after?

Yes. The limit on the number of interrogatories applies separately before and after judgment, so a creditor can serve a fresh set after entry even if interrogatories were already used earlier in the case.

What happens if the person ordered to appear for examination doesn't show up?

The court can hold that person in contempt, and can issue a body attachment directing a law enforcement officer to bring the person to court — but only if the person was personally served with the order or is shown to have been willfully evading service.

Can a creditor examine the same debtor more than once?

Yes. If at least a year has passed since the last examination, the court will order another one on request. If less than a year has passed, the creditor needs to show good cause.

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: post judgment discovery marylandexamination of judgment debtordebtor examination district courtbody attachment judgment debtorinterrogatories after judgment marylanddiscovery in aid of enforcement