Ch. 602                                        1995 LAWS OF MARYLAND

(F) (1) IN THIS SUBSECTION, "NOTICE" MEANS THE FIRST TO OCCUR OF THE
FOLLOWING:

(I)       WHEN THE LESSOR RECEIVES A WRITTEN NOTICE FROM THE
LESSEE NOTIFYING THE LESSOR OF AN ERROR OR VIOLATION;

(II)     WHEN THE LESSOR RECEIVES A WRITTEN NOTICE FROM THE
COMMISSIONER OF CONSUMER CREDIT OR THE APPROPRIATE REGULATORY
AUTHORITY NOTIFYING THE LESSOR OF AN ERROR OR VIOLATION; OR

(III)   WHEN THE LESSOR RECEIVES SERVICE OF PROCESS IN A CIVIL
ACTION FOR AN ERROR OR VIOLATION INSTITUTED BY A LESSEE IN A COURT OF
COMPETENT JURISDICTION.

(2)      THE PENALTY PROVIDED UNDER SUBSECTION' (A)(2) OF THIS
SECTION DOES NOT APPLY WHERE A LESSOR:

(I)       UNINTENTIONALLY AND IN GOOD FAITH FAILS TO COMPLY
WITH THIS SUBTITLE; AND

(II)     CORRECTS THE ERROR OR VIOLATION AND MAKES THE
LESSEE WHOLE FOR ALL LOSSES, INCLUDING REASONABLE ATTORNEY'S FEES AND
INTEREST, WHERE APPROPRIATE, WITHIN 10 DAYS AFTER THE LESSOR RECEIVES
NOTICE OF THE ERROR OR VIOLATION.

(3)      THE BURDEN SHALL BE ON THE LESSOR TO SHOW THAT THE
LESSOR'S FAILURE TO COMPLY WITH THIS SUBTITLE WAS UNINTENTIONAL AND IN
GOOD FAITH.

(4)      A LESSOR WHO KNOWINGLY VIOLATES ANY PROVISION OF THIS
SUBTITLE SHALL BE LIABLE TO THE LESSEE FOR 3 TIMES THE AMOUNT OF FEES AND
CHARGES COLLECTED IN EXCESS OF THAT AUTHORIZED BY THIS SUBTITLE.

14-2008.

(A)     (1) A LESSOR MAY REPOSSESS A LEASED MOTOR VEHICLE IF THE
LESSEE IS IN DEFAULT OR A LAW ENFORCEMENT AGENCY HAS SEIZED THE MOTOR
VEHICLE AND WILL NOT UNCONDITIONALLY RETURN THE MOTOR VEHICLE TO THE
LESSOR.

(2) THE LESSOR MAY REPOSSESS THE LEASED MOTOR VEHICLE FROM A
LESSEE ONLY BY:

. (I) LEGAL PROCESS; OR

(II) SELF-HELP, WITHOUT USE OF FORCE.

(B)     NOTHING IN THIS SECTION AUTHORIZES A VIOLATION OF CRIMINAL
LAW.

(C)     (1) AT LEAST 10 DAYS BEFORE A LESSOR REPOSSESSES ANY LEASED
MOTOR VEHICLE, THE LESSOR MAY SERVE A WRITTEN NOTICE ON THE LESSEE OF
THE INTENTION TO REPOSSESS THE MOTOR VEHICLE.

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