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1471
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HARRY HUGHES, Governor
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FOR the purpose of allowing the issuance of an attachment on
original process before judgment against certain persons who
make home improvements but who are not licensed and bonded
under certain laws in an action arising out of a home
improvement transaction; authorizing this attachment under
certain actions based on tort or contract; and making
stylistic changes. substituting the mechanism of an
attachment before judgment for the mechanism of an
attachment on original process; providing that a certain
attachment may issue at the commencement of an action or
while the action is pending; providing that a certain
attachment may issue under certain circumstances; deleting
certain language; making stylistic changes; and generally
relating to attachment before judgment.
BY repealing and. reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 3-302, 3-303, and 3-304
Annotated Code of Maryland
(1980 Replacement Volume and 1982 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
3-302.
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A court of law including the District Court, within the
limits of its jurisdiction, may issue an attachment [or original
process] AT THE COMMENCEMENT OF THE ACTION OR WHILE IT IS PENDING
against any property or credits, whether matured or unmatured,
belonging to the debtor upon the application of [a person who has
the right to become a] THE plaintiff in [an] THE action [in the
State].
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3-303.
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(a) An attachment on original process BEFORE JUDGMENT may
issue in any of the instances [enumerated] in this section.
(b) [If] AN ATTACHMENT ON ORIGINAL PROCESS MAY ISSUE IF
the debtor is A NONRESIDENT INDIVIDUAL, OR A CORPORATION WHICH
HAS NO RESIDENT AGENT IN THIS STATE, AND:
(1) A nonresident individual THE DEBTOR IS A PERSON
OVER WHOM THE COURT COULD EXERCISE PERSONAL JURISDICTION PURSUANT
TO §§ 6-102, 6-103 AND 6-104 OF THIS ARTICLE; or
(2) A corporation and has no resident agent THE
ACTION INVOLVES CLAIMS TO PROPERTY IN THIS STATE WHICH PROPERTY
IS TO BE ATTACHED; OR
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