Ch. 880                          MARVIN MANDEL, Governor                               1787

(2)         THE ACTION SHALL BE TRANSMITTED TO THE

APPROPRIATE COURT FOR JURY TRIAL ONLY AFTER (I) THE WRIT
HAS BEEN RETURNED THAT THE PROPERTY SOUGHT HAS BEEN
SEIZED OR ELOIGNED; AND (II) THE TIME FOR FILING A NOTICE OF
INTENTION TO DEFEND HAS EXPIRED.

(IV)         IN ALL ACTIONS OTHER THAN REPLEVIN THE

TRANSMITTAL SHALL BE FORTHWITH UPON THE FILING OF THE
DEMAND FOR JURY TRIAL.

(4)  The District Court [shall have] HAS no [equity jurisdiction, nor shall it
have] jurisdiction to try title to real property.

(5)   In all civil actions in which the amount in controversy is [one thousand
dollars (] $1,000[.00)] or less, there shall be no formal pleadings. In all other
cases forms and pleadings shall be as provided by [rule] THE MARYLAND
DISTRICT RULES.

(6)    THE DISTRICT COURT HAS EQUITY JURISDICTION ONLY TO
THE EXTENT THAT IT MAY ISSUE INJUNCTIONS RELATING TO THE
USE, DISPOSITION, ENCUMBRANCE, OR PRESERVATION OF
PROPERTY (I) CLAIMED IN A REPLEVIN ACTION, UNTIL SEIZURE
UNDER THE WRIT OR (II) SOUGHT TO BE LEVIED UPON IN AN
ACTION OF DISTRESS, UNTIL LEVY AND ANY REMOVAL.

SECTION 2. AND BE IT FURTHER ENACTED, That a new Section 21H
be and is hereby added to Article 83 of the Annotated Code of Maryland (1969
Replacement Volume and 1972 Supplement), title "Sales and Notices," subtitle
"Consumer Protection," to follow immediately after Section 21G thereof, and to
read as follows:

21H.

(A)    A WAIVER BY THE DEBTOR IN A CONSUMER TRANSACTION
OF HIS RIGHT AS A DEFENDANT IN AN ACTION OF REPLEVIN FOR
THE SEIZURE OF PROPERTY SECURING THE CONSUMER
TRANSACTION, TO NOTICE OF AN OPPORTUNITY TO BE HEARD
PRIOR TO SEIZURE UNDER THE WRIT, IS VOID; AND A WAIVER OF
THE RIGHT TO HEARING IS VOID IF MADE PRIOR TO SERVICE OF
THE NOTICE OF THE OPPORTUNITY TO BE HEARD.

(B)   AS USED IN THIS SECTION A "CONSUMER TRANSACTION" IS
ONE IN WHICH:

(1)    CREDIT IS EXTENDED BY ONE REGULARLY ENGAGED IN
THE BUSINESS OF EXTENDING CREDIT IN CREDIT TRANSACTIONS
OF THE SAME TYPE;

(2)      THE CREDITOR ACQUIRES A SECURITY INTEREST IN
TANGIBLE PERSONAL PROPERTY OF THE DEBTOR; AND

(3)    THE DEBT IS INCURRED BY AN INDIVIDUAL PRIMARILY
FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.

SECTION 3. AND BE IT FURTHER ENACTED, That Section 60A of
Article 75 of the Annotated Code of Maryland (1969 Replacement Volume), title
"Pleadings, Practice and Process at Law," subtitle "Detinue," be and it is hereby
repealed and re-enacted, with amendments, to read as follows: