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Session Laws, 1972
Volume 708, Page 1054   View pdf image
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1054                             Laws of Maryland                      [Ch. 349

8-824. Deficiency judgment; hearing; exemptions.

(a)    If the amount received from a sale of goods under distress,
after payment of all costs and expenses, is not sufficient to pay the
plaintiff's claim, the plaintiff may file a verified petition with the
court for a deficiency money judgment. Notice of the petition shall
be served on the tenant, giving at least fourteen days' notice of hear-
ing on the petition. After the hearing, the court shall have the power
to order a money judgment entered for the deficiency against the
defendant regardless of whether such amount exceeds the monetary
limit of the civil jurisdiction of the court.

(b)    The general exemption laws of the State shall be applicable
to the enforcement of any deficiency money judgment given in an
action of distress.

(c)    A deficiency money judgment under a lease shall be entered
only against the person named in the lease as tenant, and who signed
the lease as such, or against an assignee who has assumed a covenant
in writing to pay rent.

8-325. Levy on goods of husband and wife.

In case of a lease naming either husband or wife as tenant, all
goods on the leased premises belonging to either, or both, shall be
subject to levy under distress to the same extent as if both were
named in the lease as tenants.

8-326. Amendment of petition or other pleading.

A petition for distress, and any other petition or pleading filed in
such a case, may be amended at any time upon such terms as the
court may order.

8-327. Death of tenant; corporate tenant ceasing to exist; order
requiring posting of copy of petition.

(a)    Whenever a tenant under a lease of premises has died, or, if
the tenant is a corporation and has ceased to exist, distress may be
brought against the tenant named in the lease regardless of death or
nonexistence. Notice of an action of distress shall be given by the
plaintiff to the personal representative of a deceased defendant or to
the officers of a corporation ceasing existence and the plaintiff shall
certify to the court that he has given such notice. In such case the
plaintiff may proceed with levy and sale as provided in this subtitle.

(b)    If a tenant shall die and no personal representative shall be
appointed by a court having jurisdiction or if the officers of the non-
existent corporation cannot be found and service of process on such
officers has been returned non est, then upon application of the plain-
tiff an order may be passed requiring a copy of the petition for dis-
tress to be set up at the courthouse door at least one week before
the date of sale. Failure of the plaintiff to apply for such an order
shall subject him to suit by the personal representative of the deceased
tenant, or by the officer or surviving directors of the nonexistent
corporation for any loss or damage sustained. If the plaintiff makes
application for such an order, he shall be under no liability either to
the estate of the deceased tenant, or to the surviving trustees or
officers of the nonexistent corporation.


 

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Session Laws, 1972
Volume 708, Page 1054   View pdf image
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