In the District Court of Maryland, Rule 3-115 allows a plaintiff to request a writ of attachment if they are legally entitled to do so under applicable statutes. The application, if granted, will require the court to review the complaint, along with any accompanying exhibits and affidavits. If the court finds that the plaintiff is entitled to the writ, it will order its issuance.
Rule 3–115 consists of several subsections (a-l) that govern its procedures. Rule 3-115(h) outlines procedures for attachment before a judgment. Specifically, Rule 3-115(c) addresses seeking an attachment, while Rule 3-115(h) pertains to releasing an attachment. If your property has been attached, and you wish to have it released before the case is resolved, you’ll need to secure a bond. This bond guarantees that you will satisfy any judgment that may be issued against you in the underlying case. The court requires this bond to ensure the plaintiff has recourse if the attachment is lifted.
If your property has been attached, and you wish to have it released before the case is resolved, you’ll need to post a bond. This bond ensures that if a judgment is later issued against you, it will be satisfied. The court requires this bond because it wouldn’t make sense to release the attachment without providing some form of security for the plaintiff.
Obtaining such bonds can be challenging, as they are considered higher risk, but we have successfully secured them for clients in the past. This bond is a critical step for the defendant seeking to release an attachment. I generally advise clients that some collateral may be required. The key is how quickly you can prepare your financial statements, file a motion in court, and have the attachment released.
It’s essential to have the bond lined up in advance. If you’re unable to secure a bond, it might not be worth filing a motion to set a bond amount to release the attachment. Knowing the requirements beforehand allows you to adjust your legal strategy as needed.
Please reach out to discuss your situation further, and we can review your options together.
Neil Pedersen
PEDERSEN & SONS SURETY BOND AGENCY, INC.
15 Maiden Lane Suite #800
New York, NY, 10038
212-227-7277
neil@courtbondnow.com
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