1 Maryland Rules Commentary 2-624.01

Committee note. — This Rule does not determine whether a particular judgment is assignable.

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Assignment Of Judgment Form. This is a Maryland form and can be use in District Court Statewide.

Tags: Assignment Of Judgment, DC-CV 90, Maryland Statewide, District Court

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§ 2-210. Delegation of performance; assignment of rights

West's annotated code of maryland commercial law.

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Local News | Federal judge sends question on Maryland Child…

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Local news | federal judge sends question on maryland child victims act constitutionality to state supreme court.

maryland assignment of judgment

A federal judge sent a question about the constitutionality of Maryland’s Child Victims Act to the state’s Supreme Court, potentially expediting a definitive ruling on the law, which affects scores of child sex abuse lawsuits.

The development came out of a federal lawsuit alleging a Mormon priest sexually abused a girl in Prince George’s County decades ago. The Church of Jesus Christ of Latter-day Saints asked a federal judge to throw out the complaint, arguing the Child Victims Act was unconstitutional.

U.S. District Judge James K. Bredar first raised the prospect of “certifying a question” about the act to the Supreme Court of Maryland last month, essentially asking the state’s highest court to define the state’s law. Bredar ruled Friday he would send a question, ordering the lawsuit to be paused until the Supreme Court provides an answer.

“The answer to this question is dispositive to the resolution of the Defendant’s currently pending Motion for Judgment on the Pleadings, and there is no controlling Maryland appellate decision, constitutional provision, or statute,” Bredar wrote.

Bredar’s decision comes while several appeals of lawsuits brought under the Child Victims Act move through Maryland’s appellate courts.

Enacted last April , the law abolished a previous time limit for people sexually abused as children to sue the perpetrators and the institutions that enabled their torment. When the act took effect Oct. 1 , a deluge of lawsuits flooded Maryland court dockets, targeting the likes of churches, schools and correctional facilities for abuse allegedly committed by priests, teachers and guards.

Institutions named as defendants in the lawsuits were quick to challenge the Child Victims Act as unconstitutional. They raised those arguments in requests to dismiss the lawsuits. Maryland Circuit Courts have ruled in at least three cases, with two judges deeming the law constitutional and a third, in Montgomery County, finding it violated the state constitution.

Defendants in cases in Prince George’s and Harford counties took advantage of a provision in the act allowing for a mid-lawsuit appeal. In Montgomery County, attorneys representing a man who said he was sexually abused by clergy in the Archdiocese of Washington, which is headquartered in Maryland, said they plan to appeal the judge’s ruling that the law is unconstitutional.

The Washington diocese promptly appealed to the Appellate Court of Maryland when a Prince George’s County judge found the law constitutional on March 6. The Board of Education for Harford County followed suit April 1, weeks after a county judge there ruled a child sex abuse lawsuit could proceed under the Child Victims Act.

Attorneys for the plaintiffs in the proposed class action lawsuit in Prince George’s — three men who say they were sexually abused by clergy and others in the Washington diocese’s employ — told The Baltimore Sun on Tuesday that they intended to request this week that the Supreme Court of Maryland reach down and take the church’s appeal from the intermediate appellate court.

A certified question from a federal court functions much the same as an appeal from state court.

Appeals from a federal judge and multiple state courts on the same legal question have sent the child victims law into uncharted territory. Experts have said the Supreme Court has multiple paths forward, but it’s unclear how the high court will proceed.

The Maryland Supreme Court had not yet received the question from Bredar as of 3 p.m. Tuesday, said Bradley Tanner, a spokesman for the state judiciary.

As for how the high court would handle having a certified question from the federal courts and forthcoming state appeals on the same issue, Tanner would say only that the justices would follow the Maryland statute on certified questions.

Jonathan Schochor, whose firm is behind the proposed class-action lawsuit in Prince George’s County, said he believes the cases will “be consolidated at the Supreme Court level and jointly argued.”

“They fully understand we’re coming up. There may be a case out of Harford County coming up. And we’ll all be there together,” Schochor told The Sun.

How quickly the Supreme Court will act on the matter is also murky, but Schochor said he plans to ask the court for an accelerated schedule to resolve the case.

“We will ask for an expedited ruling because the [Child Victoms Act] is so important and so significant to all Marylanders and of course those minors who were sexually abused,” Schochor said.

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COMMENTS

  1. Rule 2-624

    When a judgment has been assigned in writing by the judgment holder, the assignment may be filed in the court where the judgment was entered and in any court where it has been recorded. When an assignment is filed, the judgment may thereafter be enforced in the name of the assignee to the extent of the assigned interest. Md. R. Civ. P. Cir. Ct ...

  2. PDF ASSIGNMENT OF JUDGMENT

    CIRCUIT COURT DISTRICT COURT OF MARYLAND FOR City/County vs. Defendant ASSIGNMENT OF JUDGMENT Name Address City, State, Zip CC-DC-CV-090 (Rev. 09/2014) Signature of Judgment Holder ... a true copy of that Assignment of Judgment is attached, and pursuant to Rule 3-624 this notice is being Sent to the Clerk of Circuit Court for Sent to the Clerk ...

  3. Rule 2-624

    When an assignment is filed, the judgment may thereafter be enforced in the name of the assignee to the extent of the assigned interest. Md. R. Civ. P. Cir. Ct. 2-624. This Rule is new. Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986.

  4. PDF ASSIGNMENT OF JUDGMENT

    I, am the judgment holder in the case. I hereby assign of the judgment the entire remaining balance of the judgment to: Date Print Name Printed Name E-mail Located at Case No. Court Address (Md. Rules § 2-624 and § 3-624) Date Fax Principal Amount plus any pre-judgment interest CC-DC-CV-090-MP (Rev. 09/2014) MDEC CERTIFICATE OF SERVICE

  5. Maryland Court Rules

    Rule 2-647 - Enforcement of Judgment Awarding Possession. Rule 2-648 - Enforcement of Judgment Prohibiting or Mandating Action. Rule 2-649 - Charging Order. Rule 2-651 - Ancillary Relief in Aid of Enforcement. Rule 2-652 - Enforcement of Attorneys Liens. Browse Maryland Court Rules | Chapter 600 - Judgment for free on Casetext.

  6. View Document

    Chapter 600. Judgment. MD Rules, Rule 2-624. RULE 2-624. ASSIGNMENT OF JUDGMENT. Currentness. When a judgment has been assigned in writing by the judgment holder, the assignment may be filed in the court where the judgment was entered and in any court where it has been recorded. When an assignment is filed, the judgment may thereafter be ...

  7. 1 Maryland Rules Commentary 2-624.01

    1 Maryland Rules Commentary 2-624.01. Summary. Rule 2-624. ASSIGNMENT OF JUDGMENT When a judgment has been assigned in writing by the judgment holder, the assignment may be filed in the court where the judgment was entered and in any court where it has been recorded. When an assignment is filed, the judgment may thereafter be enforced in the ...

  8. View Document

    Judgment. Effective: January 1, 2020. MD Rules, Rule 2-625. RULE 2-625. EXPIRATION AND RENEWAL OF MONEY JUDGMENT. Currentness. A money judgment expires 12 years from the date of entry or most recent renewal. At any time before expiration of the judgment, the judgment holder may file a notice of renewal and the clerk shall enter the judgment ...

  9. District Court Forms by Category

    Maryland Guide & File is a web-based tool that helps fill out court forms. To use this Maryland Guide & File interview, ... Assignment of Judgment : 09/2014: CC-DC-CV-110 : Certification of Custodian of Records or Other Qualified Individual : 06/2022: 2 : CC-DC-CV-111 ...

  10. Maryland Assignment of Judgment

    Assignment of Judgment Maryland Assignment of Judgment is a legal process in which a creditor assigns the rights to collect a debt to a third party. It is a form of debt collection and is commonly used in Maryland when a debtor fails to make payment on a court judgment. There are two types of Maryland Assignment of Judgment: voluntary and ...

  11. View Document

    When a judgment has been assigned in writing by the judgment holder, the assignment may be filed in the court where the judgment was entered. Upon the filing of an assignment, the clerk shall transmit a certified notice of the assignment to each clerk to whom a certified copy of the judgment was transmitted pursuant to Rules 3-621(c)(1) and 3-622(a) and to each circuit court clerk to whom a ...

  12. Justia :: Assignment Of Judgment :: Maryland

    Assignment Of Judgment. Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. Assignment Of Judgment Form. This is a Maryland form and can be use in District Court Statewide.

  13. Maryland Court Rules

    Rule 3-624 - Assignment of Judgment. Rule 3-625 - Expiration and Renewal of Money Judgment. Rule 3-626 - Satisfaction of Money Judgment. Rule 3-631 - Enforcement Procedures Available. Rule 3-632 - Stay of Enforcement. Rule 3-633 - Discovery in Aid of Enforcement. Rule 3-634 - Judgment Debtor Fact Information Sheet.

  14. Maryland Assignment of Judgment

    Maryland Assignment of Judgment is a legal process that involves the transfer of a judgment from one party to another. A judgment is a court decision that establishes the legal obligation of one party (debtor) to pay a certain amount of money to another party (creditor) as a result of a lawsuit or monetary dispute. ...

  15. Judgments & Debt Collection

    If the court enters a money judgment against you, the plaintiff can request information from you about your employment, assets, debts, income and expenses. In small claims cases, the plaintiff cannot request this information. Small claims are cases for 5,000 dollars or less. You may receive the form, Judgment Debtor Information Sheet (CC-DC-CV ...

  16. View Document

    Delegation of performance; assignment of rights. (1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform ...

  17. Judgments

    Default Orders & Judgments in Maryland: What are they and what can I do if I get one? Enforcing a Judgment. This article describes what a judgment is and an overview of options for collecting the judgment. Garnishment. To garnish is to take property, most often a portion of someone's salary, by legal authority. Garnishment is a proceeding by a ...

  18. Rule 2-601

    Title 2 - Maryland Rules of Civil Procedure-Circuit Court. Chapter 600 - Judgment. Rule 2-601 - Entry of Judgment. Md. R. Civ. P. Cir. Ct. 2-601. Download . PDF. As amended through March 1, 2024. ... Date of Judgment On and after July 1, 2015, regardless of the date a judgment was signed, the date of the judgment is the date that the clerk ...

  19. Maryland Assignment of Judgment to Attorney for Collection

    The Maryland Assignment of Judgment to Attorney for Collection is an important tool for judgment creditors to ensure their ability to recover the amount owed to them. By assigning the judgment to an attorney, the creditor can benefit from their expertise in debt collection strategies, negotiation skills, and legal proceedings. ...

  20. Federal judge sends question on Maryland Child Victims Act

    A federal judge sent a question about the constitutionality of Maryland's Child Victims Act to the state's Supreme Court, potentially expediting a definitive ruling on the law, which affects ...

  21. PDF UNREPORTED CLIFFORD CAIN, JR. v. MIDLAND FUNDING, LLC

    judgment for Midland in the amount of $4,520.54 on August 19, 2009. Although Midland was doing business as a "collection agency" as defined by the Maryland Collection Agency Licensing Act ("MCALA")—codified at Maryland Code (1992, 2004 Repl. Vol., 2009 Supp.) Business Regulation Article ("BR"), 2 § 7-101 et . 1