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Rule 3-115.Attachment before judgment

District Court · Last amended January 1, 2003 · Last verified July 13, 2026

In one sentenceA District Court plaintiff who qualifies by statute can ask, even without notice to the defendant, for a writ that freezes or seizes the defendant's property before judgment, subject to a bond and a set of built-in safeguards for the defendant.

Full Text of Rule 3-115

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l)

(a) Request for writ. — At the time of filing a complaint commencing an action or while the action is pending, a plaintiff entitled by statute to attachment before judgment may file a request for an order directing the issuance of a writ of attachment for levy or garnishment of property or credits of the defendant. The request may be made ex parte. The plaintiff shall file with the request an affidavit verifying the facts set forth in the complaint and stating the grounds for entitlement to the writ. The request and affidavit need not be served pursuant to Rule 1-321 at the time of filing.
(b) Single action. — The request for the writ of attachment shall be filed in the same action as the complaint. The complaint and the request for the writ of attachment and all further proceedings shall constitute a single action and shall be docketed accordingly.
(c) Proceedings on request for writ. — The court shall review the complaint, any exhibits, and the supporting affidavit. The court may require the plaintiff to supplement or explain any of the matters set forth in the documents or to provide further information regarding the property to be attached. If the court determines that the plaintiff is entitled to the writ of attachment, it shall order issuance of the writ conditioned on the filing of a bond by the plaintiff for the satisfaction of all costs and damages that may be awarded the defendant or a claimant of the property by reason of the attachment. The order shall prescribe the amount and security of the bond.
(d) Issuance of writ. — Upon entry of the order and the filing of the bond, the clerk shall issue one or more writs of attachment and shall attach to each writ a copy of the supporting affidavit filed with the request. When the writ directs a levy on the property of the defendant, the procedure shall be in accordance with Rules 3-641 and 3-642. When the writ directs a garnishment of property or credits of the defendant, the procedure shall be in accordance with Rule 3-645, except that no judgment shall be entered against the garnishee until a judgment is entered for the plaintiff on the claim. In applying Rules 3-641, 3-642, and 3-645, the plaintiff shall be treated as a judgment creditor and the defendant shall be treated as a judgment debtor, and a statement of the amount of the plaintiff’s claim shall be treated as a statement of the amount owed under the judgment.
(e) Notice of lien of attachment. — When real property is attached, upon the filing of the return by the sheriff the clerk shall file a Notice of Lien marked “Attachment Before Judgment on Real Property.” The notice shall contain (1) the name of each plaintiff, (2) the name and address of each defendant, (3) the assigned docket reference of the action, and (4) the name of the county in which the action was commenced.
When the real property attached is located in Baltimore City, the Notice of Lien shall be filed with the clerk of the District Court sitting in Baltimore City and shall constitute a lien on the property when recorded among the judgment records of that court. When the real property is located outside of Baltimore City, the Notice of Lien shall be filed with the clerk of the circuit court for the county in which the property is located and shall constitute a lien on the property when entered by the clerk of the circuit court.
If the attachment is dissolved, released, or otherwise modified, the clerk shall transmit a certified notice of that action to each clerk with whom a Notice of Lien was filed.
(f) Proceedings on complaint. — If the request for the writ of attachment accompanies the complaint, the clerk shall issue a summons pursuant to Rule 3-112 upon the filing of the complaint. If the whereabouts of the defendant are unknown or the summons is not served despite reasonable efforts to effect service and if the defendant does not voluntarily appear, the plaintiff may seek an order of publication pursuant to Rule 2-122 for in rem jurisdiction. The court may provide for additional notice to the defendant by any means it deems appropriate.
(g) Dissolution of attachment for lack of service. — 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.
(h) Release of property or dissolution of attachment. — A defendant who has appeared may obtain release of the attached property by posting a bond in an amount equal to the value of the property, as determined by the court, or in the amount of the plaintiff ’s claim, whichever is less, conditioned upon satisfaction of any judgment that may be recovered.
Upon motion of a defendant who has appeared, the court may release some or all of the attached property if it finds that (1) the complaint has been dismissed or settled, (2) the plaintiff has failed to comply with the provisions of this Rule or an order of court regarding these proceedings, (3) the plaintiff fails to demonstrate the probability of success on the merits, (4) property of sufficient value to satisfy the claim and probable costs will remain subject to the attachment after the release, or (5) the attachment of the specific property will cause undue hardship to the defendant and the defendant has delivered to the sheriff or made available for levy alternative property sufficient in value to satisfy the claim and probable costs.
Upon motion of a defendant or garnishee, the court may release some or all of the attached property on the ground that by law the property is automatically exempt from attachment without the necessity of election or it may dissolve the attachment on the ground that the plaintiff is not entitled to attachment before judgment. If the motion is filed before the defendant’s notice of intention to defend is due pursuant to Rule 3-307, its filing shall be treated as an appearance for that purpose only. A party desiring a hearing on a motion filed pursuant to this section shall so request pursuant to Rule 3-311 (e) and, if requested, a hearing shall be held promptly.
(i) Claim of property by third person. — When attached property is claimed by a person other than the defendant, the claimant may proceed pursuant to Rule 3-643 (e).
(j) Retention of levied or garnished property. — All property and funds coming into the possession of the sheriff by virtue of an attachment shall be retained during the pendency of the action unless otherwise directed by the court. At the request of either party, the court may direct the sale or other disposition of any perishable property upon such terms and conditions as it deems just.
(k) Judgment for defendant. — If judgment is entered for the defendant, the court shall dissolve the attachment. On motion, the court shall then assess and enter judgment for any damages sustained by the defendant by reason of the attachment.
(l) Judgment for plaintiff. — If personal jurisdiction was not obtained over the defendant, any judgment for the plaintiff shall be an in rem judgment against the attached property, and entry and satisfaction of the judgment will not bar further pursuit of the plaintiff ’s claim in the same or another action for any unpaid balance. When judgment is entered for the plaintiff, any funds paid to or collected by the sheriff and the proceeds of any pre-judgment sales of attached property shall be applied toward satisfaction of the judgment and the court shall order the sale of any other attached property to the extent necessary to satisfy the judgment. If personal jurisdiction was obtained over the defendant, the plaintiff may enforce the judgment as provided in Chapter 600 to the extent it remains unsatisfied after application of the proceeds from the attachment.
End

Amendment History

Amended Apr. 7, 1986, effective July 1, 1986; July 16, 1992; Oct. 31, 2002, effective Jan. 1, 2003.

Committee Note & Source

Cross references. Code, Courts Art. §§ 3-302, 3-303, 3-304, 3-305.

Committee note. This section abolishes a former practice of having two separate cases, the “short note case” and the “attachment case.”

Source. This Rule is derived as follows: Section (a) is in part new and in part derived from former M.D.R. G40 a and b. Section (b) is derived from former M.D.R. G43. Section (c) is derived from former M.D.R. G44. Section (d) is in part derived from former M.D.R. G45 and in part new. Section (e) is derived from M.D.R. G47 c. Section (f) is new. Section (g) is new. Section (h) is derived from former M.D.R. G51. Section (i) is new. Section (j) is in part new and in part derived from former M.D.R. G60. Section (k) is new. Section (l) is derived from former M.D.R. G59.

Plain-English Summary

Attachment before judgment lets a plaintiff tie up a defendant's property while the case is still pending, so there's something left to collect if the plaintiff wins. This rule — the District Court's version of Rule 2-115 — walks through the entire life cycle of that remedy: requesting the writ, getting it issued, executing it, protecting the defendant, and resolving what happens to the property once judgment is entered.

The request can be made ex parte, without notifying the defendant first, but it isn't automatic. The plaintiff has to file an affidavit backing up both the underlying claim and the specific grounds for attachment, and the court reviews the complaint, exhibits, and affidavit before ordering the writ. Approval comes with a bond requirement, set by the court, to cover the defendant's costs and damages if the attachment turns out to be wrongful. Once the writ issues, a levy on property follows the same procedure as post-judgment execution under Rules 3-641 and 3-642, and a garnishment follows Rule 3-645 — except no judgment is entered against the garnishee until the plaintiff wins the underlying claim.

The rule also protects defendants at several points. An attachment made before the defendant is served dissolves automatically after 60 days unless service — or, for an absent defendant, publication under Rule 2-122 — happens in time, though the court can extend that window by another 60 days for good cause. A defendant who has appeared can get the property released by posting a bond, or can move for release or dissolution on several grounds, including that the plaintiff hasn't shown a likelihood of success or that the property is exempt from attachment by law. If a defendant's release motion is filed before the response deadline under Rule 3-307, filing it counts as an appearance for that limited purpose only, and a party who wants a hearing on such a motion asks for one under Rule 3-311(e).

One piece has no counterpart in the circuit courts' version: section (e) sets out how a Notice of Lien gets filed and recorded when the attached property is real estate, with separate filing instructions depending on whether the property sits in Baltimore City or elsewhere. Because the District Court doesn't maintain land records the way the circuit courts do, this section routes the lien notice to the right recording office — the District Court sitting in Baltimore City for property there, or the circuit court for the county where the property is located everywhere else.

Frequently Asked Questions

What has to be filed to request attachment before judgment in the District Court?

A request for the writ, filed either with the complaint or while the case is pending, along with an affidavit that verifies the facts in the complaint and states the specific grounds for entitlement to attachment. The request can be made ex parte, without notice to the defendant.

How is this different from the circuit courts' attachment-before-judgment rule?

The core procedure tracks Rule 2-115 closely — same ex parte request, same bond requirement, same grounds for release. The main District Court-specific addition is section (e), which spells out how to record a Notice of Lien when real property is attached, including separate filing instructions for property in Baltimore City versus elsewhere. Cross-references throughout also point to District Court-specific rules, like Rule 3-307 for the response deadline and Rule 3-311(e) for requesting a hearing, rather than their circuit court counterparts.

What happens if the defendant is never served after property is attached?

The attachment automatically dissolves 60 days after the levy or garnishment unless the defendant is served, or publication under Rule 2-122 is at least begun and later completed, within that time. The court can extend the 60-day window by up to 60 more days for good cause, on a timely request.

Can a defendant get attached property back before the case is over?

Yes, several ways. A defendant who has appeared can post a bond to release the property. A defendant who has appeared can also move for release on grounds like the case being dismissed or settled, the plaintiff's failure to show a likelihood of success, or undue hardship where substitute property is offered. And any defendant or garnishee can seek release on the ground that the property is automatically exempt from attachment, or seek dissolution on the ground that the plaintiff wasn't entitled to attachment in the first place.

What if the court never gets personal jurisdiction over the defendant?

Any judgment for the plaintiff becomes an in rem judgment limited to the attached property. Satisfying that judgment from the property doesn't bar the plaintiff from separately pursuing any unpaid balance in the same or another action later.

Is attachment before judgment available in every District Court civil case?

No. It's available only to a plaintiff who is entitled to it by statute, and it fits within the District Court's broader role handling smaller-scale, summary civil matters rather than being a general-purpose remedy available in every case.

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: attachment before judgment district court marylandex parte writ of attachment marylandnotice of lien real property attachmentreleasing attached property maryland district courtmd rule 3-115