Md. Rule 3-643 (2026)

(a) Upon Satisfaction of Judgment. Property is released from a levy when the judgment has been entered as satisfied and the costs of the enforcement proceedings have been paid.

(b) Upon Posting Bond. The judgment debtor may also obtain release of property from a levy by filing a bond in an amount sufficient to satisfy the judgment and enforcement costs.

(c) Upon Motion of Judgment Debtor. Upon motion of the judgment debtor, the court (1) shall release the property from a levy if it finds that the judgment has been vacated, has expired, or has been satisfied or the property is exempt from levy, and (2) may release some or all of the property from a levy if it finds that:

(A) the judgment creditor has failed to comply with these rules or an order of court regarding the enforcement proceedings,

(B) property sufficient in value to satisfy the judgment and enforcement costs will remain under the levy after the release,

(C) the levy upon the specific property will cause undue hardship to the judgment debtor and the judgment debtor has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the judgment and enforcement costs, or

(D) the levy has existed for 120 days without sale of the property, unless the court for good cause extends the time.

The motion and any response to the motion may be accompanied by a request for court review of the sheriff's appraisal made at the time of the levy.

(d) Upon Election of Exemption by Judgment Debtor.

(1) Generally. By motion filed within 30 days after a levy, the judgment debtor may elect to exempt from execution of the judgment selected items of property or cash not exceeding in amount the cumulative value permitted by law. The motion and any response to the motion may be accompanied by a request for court review of the sheriff's appraisal made at the time of the levy. If subsection (d)(2) of this Rule is applicable, or if no party timely files a response to the motion or request for a hearing, the court may proceed without a hearing. The court promptly shall release from the levy items of cash or property selected by the debtor to the extent required by law. Promptly upon receipt of an order of release from the levy, the person in possession of the property shall comply.

(2) Release of Funds in Deposit Accounts Totaling $6,000 or Less. If, by motion filed pursuant to subsection (d)(1) of this Rule, the judgment debtor elects up to the maximum exemption permitted by Code, Courts Article, § 11-504(b)(6) for deposit accounts listed in the motion, the court, no later than ten days after the motion was filed, and without holding a hearing or awaiting a response from the judgment creditor, shall order the prompt release from the levy of aggregate account funds totaling $6,000 or less, provided that the record reflects that this exemption has not already been exhausted.

(e) Upon Claim of a Third Person. A person other than the judgment debtor who claims an interest in property under levy may file a motion requesting that the property be released. The motion shall be served on the judgment creditor and, if reasonably feasible, on the judgment debtor. If the judgment debtor is not served and does not voluntarily appear, the claimant shall file an affidavit showing that reasonable efforts have been made to ascertain the whereabouts of the judgment debtor and to provide the judgment debtor with notice of the motion. The court may require further attempts to notify the judgment debtor. The judgment creditor or the judgment debtor may file a response to the motion.

(f) Hearing. A party desiring a hearing on a motion filed pursuant to this Rule shall so request pursuant to Rule 2-311 (f) . If a party is entitled to a hearing, it shall be held promptly.

Source: This Rule is derived as follows:

Section (a) is new.

Section (b) is derived from former M.D.R. G51.

Section (c) is derived from former M.D.R. G51.

Section (d) is new.

Section (e) is new.

Section (f) is new.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended Oct. 31, 2002, eff. Jan. 1, 2003; Feb. 23, 2026, eff. July 1, 2026.]