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Rule 3-643.Release of property from levy

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

This rule prints two full, separately-dated versions in the official compilation (a pending-amendment straddle); both are shown below.

In one sentenceA judgment debtor, or someone else with a claim to the property, can get levied property released by satisfying the judgment, posting a bond, claiming an exemption, or asking the court for relief.

Full Text of Rule 3-643

Text sizeEffective until July 1, 2026 — jump to: (a) (b) (c) (d) (e) (f)

Effective July 1, 2026 — jump to: (a) (b) (c) (d) (e) (f)

Rule 3-643. Release of property from levy — Effective until July 1, 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 may release some or all of the property from a levy if it finds that (1) the judgment has been vacated, has expired, or has been satisfied, (2) the property is exempt from levy, (3) the judgment creditor has failed to comply with these rules or an order of court regarding the enforcement proceedings, (4) property sufficient in value to satisfy the judgment and enforcement costs will remain under the levy after the release, (5) 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 (6) 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. — 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. The court shall release from the levy items of cash or property selected by the debtor to the extent required by law.
(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 3-311 (e) and, if requested, a hearing shall be held promptly.
Rule 3-643. Release of property from levy — Effective July 1, 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.
End

Amendment History

Effective until July 1, 2026

Amended Oct. 31, 2002, effective Jan. 1, 2003.

Effective July 1, 2026

Amended Oct. 31, 2002, effective Jan. 1, 2003; Feb. 19, 2026, effective July 1, 2026.

Committee Note & Source

Effective until July 1, 2026

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.

Effective July 1, 2026

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.

Plain-English Summary

A levy isn't necessarily the end of the story for the property involved. The simplest paths to release are automatic: property comes off a levy once the judgment is entered as satisfied and enforcement costs are paid, and a debtor can also post a bond covering the judgment and costs to free the property without waiting for full satisfaction.

Short of that, a debtor can move the court for release. As of July 1, 2026, the rule splits the grounds into two tiers: the court must release the property if the judgment has been vacated, has expired, or has been satisfied, or if the property is exempt from levy; the court has discretion to release it on the remaining grounds — the creditor hasn't complied with the rules or a court order governing the enforcement, enough other property remains under levy to cover the judgment, the specific property causes undue hardship and the debtor has offered substitute property of sufficient value, or the levy has sat for 120 days without a sale. A motion on any of these grounds can also ask the court to review the sheriff's appraisal made at the time of the levy. Separately, a debtor can elect a statutory exemption for specific items or cash by motion within 30 days of the levy, and a debtor who elects to exempt up to $6,000 held in deposit accounts gets a faster path: the court must rule within ten days and without a hearing. A third person who claims an interest in levied property — someone other than the debtor — can move for release too, serving the creditor and, if feasible, the debtor, and if the debtor can't be found, backing that up with an affidavit describing the effort made to locate them. Any party wanting a hearing on one of these motions can request one, and it's held promptly.

Frequently Asked Questions

How does property come off a levy automatically?

Once the judgment is entered as satisfied and the costs of the enforcement proceedings are paid, the property is released without a separate motion.

Can a debtor free the property without paying the judgment in full first?

Yes, by posting a bond sufficient to cover the judgment and enforcement costs.

What can a debtor argue in a motion to release property from a levy?

The court must grant release if the judgment was vacated, expired, or satisfied, or if the property is exempt. The court has discretion to grant release if the creditor hasn't followed the rules or a court order, enough other property remains under levy, the specific property causes undue hardship with substitute property offered, or the levy has gone 120 days without a sale.

How does a debtor claim an exemption on levied property?

By motion filed within 30 days of the levy, electing to exempt specific items of property or cash up to the amount the law allows.

What if someone other than the debtor claims the levied property is theirs?

That person can file a motion for release, serving the judgment creditor and, if reasonably possible, the debtor — and if the debtor can't be located, backing up the motion with an affidavit describing the effort to find them.

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
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