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Session Laws, 1941
Volume 582, Page 1510   View pdf image (33K)
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1510 LAWS OF MARYLAND. [CH. 851

shall be required to deposit with the seller at the time of
making such request an amount equal to ten (10) per cent of
the time balance due the seller at the time of repossession, but
in no case shall this amount be more than ten (10) dollars, to
cover the cost of such proceedings; and provided, further, that
if such deposit does not accompany such request the seller
shall promptly notify the buyer in writing, sent by registered
mail, of such deposit requirement, and within five (5) days
thereafter the buyer shall make such deposit with the seller, or
forfeit all rights under this section. Such sale shall take place
within thirty (30) days from the date such request is made.
The seller shall give written notice, sent by registered mail, to
the buyer of the time and place of such sale at least ten (10)
days prior to the date of such sale.

(b) The proceeds of such sale, plus the deposit required
in sub-section (a) above, shall be applied: (1) to the actual
and reasonable cost of the sale; (2) to the actual and reason-
able cost of retaking and of storage; (3) to the unpaid balance
owing under the contract at the time such goods were re-
possessed; (4) any balance remaining shall be paid to the
buyer and if a deficiency arises the buyer shall be liable for
said deficiency. A written statement, showing the disposition
of such proceeds and deposit, shall be furnished to the buyer
by the seller.

126. Agreement Discharged Where No Resale. Where there
is no resale pursuant to Section 125, all obligation of the buyer
under the agreement, shall be discharged, and the holder may
retain the goods as his own property without obligation to
account to the buyer.

127. Delinquency Charges. Where the agreement so pro-
vides, the holder of an instalment agreement may collect a
delinquency and collection charge for default in the payment
of any such agreement or instalment thereof, where such de-
fault has continued for a period of ten days, such charge not
to exceed five percent of the amount of the instalments in de-
fault or the sum of five dollars, whichever is the lesser. In
addition to such delinquency and collection charge, the in-
stalment agreement may provide for the payment of attorneys'
fees not exceeding fifteen percent of the amount due and pay-
able under such agreement where such agreement is referred
to an attorney not a salaried employee of the holder of the
contract for collection plus the court costs.

128. Advertising. No seller or sales finance company shall
in any advertisement, publication, display, broadcast, solicita-
tion, or representation, make any false, misleading, or de-
ceptive statement concerning any finance, delinquency, or ex-

 

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Session Laws, 1941
Volume 582, Page 1510   View pdf image (33K)   << PREVIOUS  NEXT >>


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