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LAWS OF MARYLAND

[Ch. 49

The Commission notes that this section is
silent as to what disposition, if any, is to
be made with the affidavit — whether, for
example, the affidavit is to be part of the
assignment and acknowledgment filed with the
court and served on the employer. Clarifying
legislation may be appropriate.

15-305. INJUNCTION.

(A)   WHEN INJUNCTION PERMITTED.

IF AN ASSIGNEE FILES OR THREATENS TO FILE AN ACTION
TO ENFORCE ANY ASSIGNMENT OF WAGES WHICH DOES NOT COMPLY
WITH ANY PROVISION OF THIS SUBTITLE, ON PETITION OF THE
ASSIGNOR OR HIS EMPLOYER, A COURT OF EQUITY MAY ENJOIN
THE THREATENED OR ATTEMPTED ENFORCEMENT OF THE
ASSIGNMENT.

(B)   REMEDIES AT LAW AND IN EQUITY MAY COEXIST.

THE FACT THAT A PETITIONER HAS A COMPLETE AND
ADEQUATE REMEDY AT LAW DOES NOT CONSTITUTE A DEFENSE TO
THE MAINTENANCE OF AN ACTION IN EQUITY TO ENJOIN THE
THREATENED OR ATTEMPTED ENFORCEMENT OF THE ASSIGNMENT.

REVISOR'S NOTE: This section presently appears as
Art. 8, §12.

The tern "assignee" is substituted for
"person, firm or corporation" for the purpose
of clarity.

The only other changes are in style.

For the general rule regarding an injunction
where there may be an adequate remedy at law,
see Maryland Rule BB76.

GENERAL REVISOR'S NOTE

For specific prohibitions against taking assignment
of wages as security for a loan, see the following
sections in this article:

§12-208 ("Small Loans")

§12—409 ("Secondary Mortgage Loans")

§12-607 ("Retail Installment Sales")

SUBTITLE 4. ASSIGNMENT OF DEBTS.

15-401. SUBROGATION OF SURETY.

IF A SURETY IN ANY BOND OR OTHER OBLIGATION FOR THE