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Session Laws, 1996
Volume 794, Page 4274   View pdf image
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H.B. 576

VETOES

(g) If an order of restitution requiring the payment of money is recorded and
indexed in the civil judgment index under subsection (h) or subsection (i) of this section:

(1)     The order of restitution shall constitute a money judgment in favor of
the individual, governmental entity, or third-party payor to whom the defendant has been
ordered to pay restitution;

(2)     The order of restitution may be enforced by the individual,
governmental entity, or third-party payor to whom the defendant has been ordered to pay
restitution in the same manner as a money judgment in a civil action; and

(3)     Except as otherwise expressly provided by this section, an individual,
governmental entity, or third-party payor to whom a defendant has been ordered to pay
restitution shall have all the rights and obligations of a money judgment creditor under
the Maryland Rules, including the obligation to file a statement that the judgment has
been satisfied under Rule 2-626 or Rule 3-626 on receiving all amounts due under the
judgment.

(h) (1) An order of restitution that is issued by a circuit court under this section
shall be recorded and indexed in the civil judgment index by the clerk of the circuit court
as a money judgment as prescribed by the Maryland Rules.

(2) An order of restitution that is recorded and indexed in the civil
judgment index as a money judgment under paragraph (1) of this subsection:

(i) In the county of entry of the judgment, shall constitute a lien from
the date of entry in the amount of the judgment on the defendant's interest in land
located in the county of the entry of the judgment; but

(ii) In a county other than the county of entry of the judgment, shall
constitute a lien from the date of recording in the amount of the judgment on the
defendant's interest in land located in that county.

(i) (1) An order of restitution that is issued by the District Court under this
section may not be recorded and indexed as a money judgment in the District Court until
the individual, governmental entity, or third-party payor to whom the defendant has been
ordered to pay restitution files a written statement with the clerk of the District Court
that requests the order of restitution be recorded and indexed as a money judgment.

(2) If an order of restitution issued by the District Court is recorded and
indexed as a money judgment as permitted under paragraph (1) of this subsection, the
clerk of the District Court shall:

(i) Immediately forward a notice of lien of judgment to the circuit
court of that county; and

(ii) On the receipt of the written statement from the individual,
governmental entity, or third-party payor to whom a defendant has been ordered to pay
restitution, forward a notice of lien of judgment to the circuit court of any other county as
prescribed by the Maryland Rules.

- 4274 -

 

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Session Laws, 1996
Volume 794, Page 4274   View pdf image
 Jump to  
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