(a) Levy upon real property. — Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor’s interest in real property pursuant to a writ of execution by entering a description of the property upon a schedule and by posting a copy of the writ and the schedule in a prominent place on the property.
Rule 3-642.Writ of execution — Levy
District Court · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceA sheriff levies on real property by posting notice on site and on personal property by viewing and tagging or removing it, with special handling when someone besides the debtor holds it.
Full Text of Rule 3-642
(b) Levy upon personal property. — Except as otherwise provided by law, the sheriff shall levy upon a judgment debtor’s interest in personal property pursuant to a writ of execution by obtaining actual view of the property, entering a description of the property upon a schedule, and (1) removing the property from the premises, or (2) affixing a copy of the writ and schedule to the property, or (3) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property and affixing to each item of property a label denoting that the property has been levied upon by the sheriff, or (4) posting a copy of the writ and schedule in a prominent place in the immediate vicinity of the property without affixing a label to each item of property if affixing a label to each item of property is possible but not practical.
(c) Possession of personal property by third person. — When the sheriff has been instructed to remove the property from the premises or exclude others from access or use and finds the property in the possession of a person, other than the judgment debtor, who asserts entitlement to possession and objects to the sheriff’s removal of it or exclusion of that person from access or use, the sheriff may levy and leave the property where found.
(d) Notice of levy. — The sheriff shall furnish a copy of the writ of execution and schedule to any person found by the sheriff to be in possession of the property, and, if that person is not the judgment debtor, the sheriff shall promptly mail a copy of the writ and schedule to the judgment debtor’s last known address.
(e) Return. — Following a levy, the sheriff shall promptly file a return together with the schedule. If the writ of execution was received from another county under Rule 3-641 (b), a copy of the return and schedule shall also be filed in the county where the judgment was entered.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is in part new and in part derived from former M.D.R. G49 a.
Section (b) is in part new and in part derived from former M.D.R. G49 a.
Section (c) is new.
Section (d) is new.
Section (e) is in part new and in part derived from former M.D.R. 622 h 2.
Plain-English Summary
The mechanics of a levy differ by property type. For real property, the sheriff describes the parcel on a schedule and posts a copy of the writ and schedule in a prominent spot on the property — no physical taking involved. For personal property, the sheriff has to view the item, describe it on a schedule, and then either remove it from the premises, attach a copy of the writ and schedule directly to it, post a copy nearby with a label on each item, or — when labeling every item isn't practical — post a copy nearby without individually tagging each piece.
Complications come up when someone other than the debtor is holding the property. If the sheriff was instructed to remove it or lock others out and finds it in the hands of a third person who claims a right to it and objects, the sheriff can levy and leave the property where it is rather than forcing the issue. Whoever ends up in possession gets a copy of the writ and schedule, and if that person isn't the debtor, the sheriff also mails a copy to the debtor's last known address. Once the levy is done, the sheriff promptly files a return along with the schedule, and if the writ originated in another county, a copy of that return goes to the county where the judgment was entered.
Frequently Asked Questions
How does the sheriff levy on real property?
By describing it on a schedule and posting a copy of the writ and schedule in a prominent place on the property — there's no physical seizure involved.
How does the sheriff levy on personal property like a vehicle or equipment?
By viewing the item, describing it on a schedule, and then removing it, attaching a copy of the writ to it, or posting notice nearby, with or without a label on the item depending on what's practical.
What if a third party is holding the property and objects to the sheriff taking it?
The sheriff can levy on the property but leave it where found rather than removing it or excluding the third party from it.
Does the debtor find out when a levy happens?
Yes — the sheriff furnishes a copy of the writ and schedule to whoever is holding the property, and mails a copy to the debtor's last known address if the debtor wasn't the one in possession.
What does the sheriff file after completing a levy?
A return along with the schedule, filed promptly, and if the writ came from another county, a copy also goes to the county where the judgment was entered.
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: sheriff levy personal property marylandlevy real property district courthow does a levy work marylandsheriff return of levylevy on personal property procedure