Rule 3-633.Discovery in aid of enforcement
District Court · Last amended July 1, 2024 · Last verified July 13, 2026
Full Text of Rule 3-633
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.