clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1996
Volume 794, Page 4275   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

PARRIS N. GLENDENING, Governor                            H.B. 576

(3)     When the clerk of the District Court forwards a notice of lien under
paragraph (2) of this subsection to a circuit court, the clerk of the circuit court shall
record and index the notice of lien as prescribed by the Maryland Rules.

(4)     An order of restitution that is issued by the District Court and is
recorded and indexed as a money judgment as permitted by paragraph (1) of this
subsection shall constitute a lien in the amount of the judgment of the defendant's
interest in land in a county from the date that a notice of lien is recorded and indexed in
the circuit court of that county.

(5)     If the District Court issues an order of restitution under this section, the
clerk of the District Court shall forward a written notice to the individual, governmental
entity, or third-party payor to whom a defendant has been ordered to pay restitution that
states:

(i) The order of restitution does not constitute a money judgment
until it is recorded and indexed in the civil judgment records in the District Court;

(ii) The order of restitution shall be recorded and indexed as a money
judgment in the District Court and a notice of lien shall be forwarded to the circuit court
of that county by the clerk of the District Court on the receipt of a written statement from
the individual, governmental entity, or third-party payor that requests the order of
restitution be recorded and indexed as a money judgment;

(iii) A notice of lien shall be forwarded by the clerk of the District
Court to any other circuit court on the receipt of a written statement from the individual,
governmental entity, or third-party payor that requests the notice of lien be forwarded to
a specific circuit court; and

(iv) There shall be no fee for recording and indexing the order of
restitution as a money judgment in the District Court or for recording and indexing a
notice of lien in the circuit court of that county.

(j) A court may not assess any costs on an individual, governmental entity, or
third-party payor to whom a defendant has been ordered to pay restitution:

(1)     For recording and indexing an order of restitution as a money judgment
in the court in which the order of restitution was issued; or

(2)     For recording and indexing a notice of lien forwarded by the District
Court to a circuit court.

(k) (1) Subject to the Maryland Rules, unless complete restitution is paid by a
defendant, termination of an order of restitution or probation by a court does not affect
a money judgment that has been recorded and indexed under this section.

(2) If a District Court decides to terminate an order of restitution that has
not been recorded and indexed as a money judgment under subsection (i) of this section
or to terminate a probation before an order of restitution has been recorded and indexed
as a money judgment under subsection (i) of this section, the court shall direct the clerk
of the court to:

- 4275 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1996
Volume 794, Page 4275   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives