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Session Laws, 1973, Special Session
Volume 710, Page 344   View pdf image
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344                                            LAWS OF MARYLAND                                [Ch. 2

exempting property from execution, see
Maryland Constitution, Art. III, § 44. As to
exemption of wages from attachment, see Art.
9, § 31, of this Code. As to exemption of
proceeds of insurance policies, see Art. 48A,
§§ 328 and 385. As to exemption of money
payable under Workmen's Compensation Act, see
Art. 101, §50. As to exemption of property
owned by an estate, see Art. 93, §8—114.

SEC. 11-5.05. EXEMPTIONS IN ALTERNATIVE.

(A)   IN GENERAL.

IN LIEU OF THE EXEMPTION GRANTED IN § 11-504(A) (1)
AND (2), THE DEFENDANT MAY ELECT TO HAVE THE FOLLOWING
ITEMS EXEMPT FROM EXECUTION: ONE STOVE, ONE WASHING
MACHINE, ONE REFRIGERATOR, KITCHEN UTENSILS AND
DISHES, ONE BED AND MATTRESS FOR EACH MEMBER OF THE
DEFENDANT'S FAMILY, BLANKETS, SHEETS, PILLOWS AND
PILLOW CASES, CHEST OF DRAWERS, ONE KITCHEN TABLE AND
CHAIRS, AND FOOD TO BE CONSUMED BY THE DEFENDANT AND
HIS FAMILY.

(B)   PRESUMPTION OF ELECTION.

FOR THE PURPOSES OF THIS SECTION, THE DEBTOR IS
PRESUMED TO HAVE MADE HIS ELECTION UNDER SUBSECTION
(A) UNLESS HE AFFIRMATIVELY CLAIMS THE EXEMPTION UNDER
§ 11-504.

(C)   PROHIBITION ON SHERIFF.

A SHERIFF MAY NOT EXECUTE ON THE ITEMS DESCRIBED
IN SUBSECTION (A) UNLESS THE DEBTOR HAS AFFIRMATIVELY
CLAIMED THE EXEMPTION UNDER § 11-504.

REVISOR'S NOTE: This section is new language
derived from Art. 83, § 8A, as enacted by Ch.
591, H.B. 986, Acts of 1973.

SEC. 11-506. WAIVER OF EXEMPTIONS.

(A)   IN GENERAL.

IF THE DEFENDANT HAS WAIVED HIS EXEMPTIONS, THE
COURT SHALL ENTER THE WAIVER ON THE DOCKET AND ON THE
WRIT, BUT FAILURE TO MAKE THE ENTRY DOES NOT AFFECT
THE VALIDITY OF THE WAIVER.

(B)   WAIVER MAY BE STRICKEN.

 

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Session Laws, 1973, Special Session
Volume 710, Page 344   View pdf image
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