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KaraG · Jul 12, 2009, 07:14 PM

If a judge grants an eviction and a judgment for back payment of rent in Maryland, how quickly will the tenant be escorted out of the property?

If they don't pay the judgment and there isn't any cash in their bank account to levy, can they take the tenant's car? I did read where they can sell a tenant's belongings.

Sorry I don't have more details. Trying to get the facts for an elderly lady who lost in court 2 days ago.

N0help4u · Jul 12, 2009, 07:22 PM

How much does she owe on the judgment?

Can she prove that she needs her car for necessary appointments or work?
If she doesn't owe a large sum that would equal the value of the car I doubt they would take it anyway.
Or if the car is of little value.

Usually if possessions are not valuable they don't want them anyway.

I really think all they would do is have her make payments. Small claims court doesn't go after possessions that I am aware of.

From what I read in Maryland the sheriff comes the day of the eviction.

I also read this on rentlaw.com but I am guessing she can't afford to pay up and stay.

You may appeal an eviction judgment. The appeal must be made within four days of the date of judgment in non-payment of rent cases and 10 days in breach of lease or holding over cases. You may have to post a bond to cover the rent while waiting for the circuit court to decide the appeal.

KaraG · Jul 12, 2009, 07:30 PM

The judgment is about $2000. She's retired, no family, health problems, hardly any money.

N0help4u · Jul 12, 2009, 07:38 PM

I should also add that if she is on social security they can not freeze her acct or take anything out of it. If they do she needs to let her bank know that it is social security money in the acct.

KaraG · Jul 12, 2009, 07:42 PM

Are you sure about that? I was under the impression that once the social security money was in the account, it could be taken out by bank levy.

N0help4u · Jul 12, 2009, 08:12 PM

Not social security unless it is government, child support or student loan that you owe. If it is taken out notify the bank and social security asap.

N0help4u · Jul 12, 2009, 08:15 PM

Here

Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:

•Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations;

•Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be levied to collect unpaid Federal taxes;

•Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;

•The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and

•The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.

The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act as long as they are identifiable as Social Security benefits using normal banking practices. For example, only social security benefits are deposited into a particular bank account.
If a creditor tries to garnish your social security check, inform them that unless one of the five exceptions apply, your benefits can not be garnished. You also may want to provide this same information to your financial institution and seek legal assistance if you believe it is needed.

KaraG · Jul 12, 2009, 08:30 PM

Thanks for finding that - I will pass that along to her.

AK lawyer · Jul 13, 2009, 09:47 AM

Originally Posted by KaraG

If a judge grants an eviction and a judgment for back payment of rent in Maryland, how quickly will the tenant be escorted out of the property?

If they don't pay the judgment and there isn't any cash in their bank account to levy, can they take the tenant's car? I did read where they can sell a tenant's belongings.

Sorry I don't have more details. Trying to get the facts for an elderly lady who lost in court 2 days ago.

This appears to be the exemptions statute in Maryland.

Some of it includes:

... The debtor's interest, not to exceed $1,000 in value, in household furnishings, household goods, wearing apparel, appliances, books, animals kept as pets, and other items that are held primarily for the personal, family, or household use of the debtor or any dependent of the debtor.

...
(5) Cash or property of any kind equivalent in value to $6,000 is exempt, if within 30 days from the date of the attachment or the levy by the sheriff, the debtor elects to exempt cash or selected items of property in an amount not to exceed a cumulative value of $6,000.
...

So, for example, if they do levy upon her car, she can elect an exemption upon it up to $6,000 in value.

KaraG · Jul 13, 2009, 10:04 AM

Thank you for that information.

JudyKayTee · Jul 13, 2009, 12:42 PM

Originally Posted by KaraG

Are you sure about that? I was under the impression that once the social security money was in the account, it could be taken out by bank levy.

If you are referring to co-mingled funds she would have to PROVE that the money taken was her SS income, not other income, and that's almost impossible to do.

This becomes an issue when the SS is deposted with money from, say, a pension or gifts.

KaraG · Jul 13, 2009, 01:03 PM

Thanks Judy. I'm hoping that she was able to access her funds today so she can find a new place to live, even it it's a motel for a few days. I'm afraid things will happen too quickly and she won't find anyone local to help her move her essentials before the sheriff comes. She thought she would win her case so she was not prepared for all this.

ScottGem · Jul 13, 2009, 01:08 PM

The eviction order will specify a vacate date. If she is not out by that date the landlord can hire a sheriff to physically remove her. Generally the sheriff will come the next day.

As Judy mentioned a bank has no knowledge of the source of funds in an account. So an writ of execution served on the bank will freeze the funds. If the ONLY amounts deposited are SS, then she can give the bank a letter to that effect and it may forestall the writ. Otherwise she will need to go back to court and prove the only income (or what portion of the balance) is SS to get the writ revoked.