RECORDING A FOREIGN JUDGMENT IN A MARYLAND COURT

RECORDING A FOREIGN JUDGMENT IN MARYLAND

                Did you know that you can record a judgment from another state in Maryland? Through a simple procedure a recorded out of state judgment becomes legally enforceable in Maryland, increasing your options for collection and satisfaction of a judgment.

                To record a final judgment from another state, you need a  certified copy of the judgment from the jurisdiction where it was entered. You can then file the certified copy in any county in Maryland, after giving proper notice to the debtor, and it becomes a valid judgment ripe for collection here. A final judgment can be recorded in any county. Each county charges a filing/recording fee.

                So, if you have a foreign judgment from another state when should you think about recording it in Maryland and in which county? It makes sense to record the judgment in a county where the debtor lives, works, or has any property or assets, because you can move to attach them.

                What can you do with a recorded final judgment? It automatically becomes a lien from the date of entry on the debtor's interest in land located in that county. In addition, it enables you to do various forms of "discovery," such as Interrogatories in Aid of Execution or a Deposition, to learn specifics about a debtor's finances, including attachable assets. It also opens up a variety of potential collection avenues, including bank account and wage garnishment, and attachment and sale of property.

                The procedure to record a foreign judgment may be a cost effective option to obtain payment on a judgment. 

HELP - I RECEIVED A HOWARD COUNTY ZONING VIOLATION NOTICE!

HOWARD COUNTY ZONING VIOLATIONS

            What should you do if you get a zoning violation notice in Howard County?  First, some background on the Howard County Department of Planning and Zoning ("DPZ") is useful. DPZ's stated mission is: "To create collaborative, innovative plans and implement strategies that effectively address growth and redevelopment challenges. DPZ seeks to enhance Howard County's high quality of life, prosperity and stewardship of natural and cultural resources." As part of this mission, DPZ issues various zoning regulations contained in the Code of Ordinances and Municipal Code. These can be found online at  www.howardcounty.gov.  The Howard County Planning Commission, Board of Zoning Appeals and their delegates are designated to enforce these zoning regulations.  If you received a zoning violation notice, the complaint could have been made by these zoning  authorities or by a private citizen, even anonymously.

            Once a complaint is made, it will be investigated by county zoning authorities. Action

may or may not be taken, depending on what the investigation shows. Investigations can

result in inspections of property, emergency remedies, and denial of access to property. The 

DPZ, upon becoming aware of a zoning violation, may institute an injunction, mandamus (court

order to correct a public record or title), abatement, or any other action to prevent or stop the

violation.  A notice may be issued ordering a stop to the violation within 10 days or within a

reasonable time specified. Such notice must be served personally or by registered mail. If the

violation is not timely remedied, DPZ can take whatever action is necessary to end the violation.

DPZ may enforce zoning regulations by issuing citations. These citations can be heard in court or

in administrative proceedings.

            If a violation notice is not issued, an aggrieved person may request that DPZ issue

a written notice, fairly describing the property and alleged violation. This must be done within

60 days of receiving the written request. If no notice is issued during this time period, it means

DPZ has decided that the violation does not exist. Thereafter, the complainant has appeal rights.

If an appeal is taken, DPZ must send a copy of the appeal to the owner and occupant of the

premises where the alleged violation exists.  

            

            If a violation is found, failure to remedy the violation is a misdemeanor with a monetary

fine of up to $500 per day that the violation continues. There are also other civil penalties and

enforcement remedies available to DPZ under the Howard County Code.

            There are many types of potential zoning violations including for example prohibited

placement of a structure, sign, improvement, or change of land use; failure to obtain a permit for

improvements or land use; or prohibited use of land. Zoning violations and hearings are often

complicated and time consuming. An attorney can be help a person facing an alleged zoning 

violation navigate this process. Katherine Taylor and Andrea LeWinter have assisted many clients who have received zoning violation notices, and those who sought to ensure that violation notices were issued to other landowners who were violating the zoning regulations.