Request For An Order For The Issuance Of A Writ Of Attachment Before Judgment {DC-CV-5}

DISTRICT COURT OF MARYLAND FOR City/County Located at Court Address Plaintiff/Judgment Creditor Address City, State, Zip Case No. Defendant/Judgment Debtor vs. Address City, State, Zip REQUEST FOR AN ORDER FOR THE ISSUANCE OF A WRIT OF ATTACHMENT BEFORE JUDGMENT (Md. Rule 3-115) The facts upon which the Plaintiff claims that he is entitled to the Writ of Attachment Before Judgment (one or more of the grounds indicated on the reverse side of this form) are as follows: (State in full detail.) Defendant Name No Defendant is in the military service and the facts supporting this statement are: is in the military service. Specific facts must be given for the Court to conclude that each Defendant who is a natural person is not in the military. I am unable to determine whether or not the Defendant is in military service. I solemnly affirm under the penalties of perjury that the contents of the above Complaint are true to the best of my knowledge, information, and belief. Date Telephone Number Fax E-mail Signature of Affiant Printed Name of Affiant Address This is filed in a pending action This is an original pleading. Attached is the Complaint. Also attached are: original sworn certified photostatic copies of all material papers or parts which constitute the basis of the claim. Supporting papers are not attached. The absence of such papers is explained in the Affidavit. The Plaintiff requests a levy on the property of the Defendant (Rule 3-641 and 3-642) described as: The Plaintiff requests a garnishment of property and credits (Rule 3-645 and Rule 3-645.1). ORDER DIRECTING ISSUANCE OF WRIT OF ATTACHMENT BEFORE JUDGMENT The Court has determined that the Plaintiff is entitled to the Writ of Attachment and orders that the Writ of Attachment be issued. Prior to issuance of the writ, the Plaintiff must file a bond in the amount of $ for the satisfaction of all costs and damages that may be awarded to the Defendant or a claimant of the property, with security of . Date Judge ID Number DC-CV-005 (Rev. 10/2014) American LegalNet, Inc. www.FormsWorkFlow.com Courts and Judicial Proceedings provides: §3-302. A court of law including the District Court, within the limits of its jurisdiction, may issue an attachment at the commencement of the action or while it is pending against any property or credits, whether matured or unmatured, belonging to the Debtor upon the application of the Plaintiff in the action. §3-303 (a) An attachment before judgment may issue in any of the instances enumerated in this section. (b) If the Debtor is a nonresident individual, or a corporation which has no resident agent in this State, and: (1) The Debtor is a person over whom the Court could exercise personal jurisdiction pursuant to §§6-102, 6-103, and 6-104 of this article; or (2) The action involves claims to property in this state which property is to be attached; or (3) The action is any other in which the attachment is constitutionally permitted. (c) If a resident individual defendant or an agent authorized to accept process for a corporation has acted to evade service. (d) If the Debtor has absconded or is about to abscond from the State; or if an individual has removed, or is about to remove, from his place of abode in the State with intent to defraud his creditors. (e) (1) If the Debtor is about to assign, dispose of, conceal, or remove his property or a portion of it from the State with the intent to defraud his creditors; or (2) If the Debtor has done any of these acts, or fraudulently contracted the debt or incurred the obligation which is the subject of pending action. (f) If the Debtor is deceased and an adult nonresident is entitled by descent or devise from the Debtor to any land or interest in land in the State, an attachment may issue against that land or interest held by descent or devise from the person indebted. (g) If any person who is required to be but is not licensed under the provisions of the Maryland Home Improvement Law, in an action against that person arising out of a home improvement transaction. Rule 3-115(g). 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. Rule 3-645.1(d)(1). Unless a Notice of Right to Garnish Federal Benefits that conforms with 31 C.F.R. §212.4 and Appendix B to 31 C.F.R. Part 212 is attached, Financial Institutions are directed: 1) not to hold property of the judgment debtor that constitutes a protected amount; 2) not to hold property of the judgment debtor that may come into the garnishee's possession following service of the writ if the account contains a protected amount; and 3) to comply with other applicable requirements, prohibitions, and limitations of 31 C.F.R. Part 212. INSTRUCTIONS TO SHERIFF/CONSTABLE Levy on the goods and chattels of the Defendant which are located at , said property being as follows: and remove the same from the premises leave the property with the person in whose custody or possession it was found. Exclude others from access to it or use of it. Attach the lands and tenements of the Defendant which are located at said (fee simple) (leasehold) property being described as follows: (deed found in liber Serve Writ of Attachment on the following Garnishee: Name Address Date Signature of Plaintiff or Attorney Printed Name Address City, State, Zip Telephone Number Fax American LegalNet, Inc. www.FormsWorkFlow.com , folio ) E-mail