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Session Laws, 1999
Volume 796, Page 1910   View pdf image
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8-304.

(b) In addition, the order shall:

(1) Direct the time within which service of the petition and show cause
order shall be made on the defendant; and

(2) Inform the defendant that (i) [he] THE DEFENDANT may appear at
the time stated and present evidence on [his] THE DEFENDANT'S behalf; and (ii) if
[he] THE DEFENDANT fails to appear, all goods on the leased premises not exempted
by law may be levied on and removed by the sheriff.

8-305.

(b) The officer making the levy then shall proceed to make an inventory of
each article of goods distrained on and deliver a copy to each tenant found on the
leased premises. If no tenant is found, [he] THE OFFICER shall affix a copy to the
premises as provided above in the case of the order.

(c) The officer serving the order shall make a return of [his] THE OFFICER'S
action to the court including the date and time of return.

8-307.

(a) The following are exempt from distress:

(1) Hand-powered and operated tools used by a tenant in [his] THE
TENANT'S occupation or livelihood;

(2) Law books of an attorney;

(3) Hand-operated instruments of a physician;
(4) Medical books of a physician;

(5) Files and professional records of an attorney or physician; and

(6) The prior perfected security interest in all goods in which the tenant
has an interest.

(b) The landlord in [his] THE LANDLORD'S petition shall certify as to the
existence of a perfected security interest in any goods of the tenant. If the security
interest was perfected prior to the levy under the distraint, the landlord either shall
release the property from the distraint proceedings or pay to the holder of the security
interest the balance due under the security interest. If the landlord pays the balance,
it becomes a part of the costs in the distraint proceedings. However, the holder of the
security interest, on demand by the landlord, shall give a true written statement of
the balance due under the security interest, and, if the landlord pays the balance, the
holder shall assign or release the security interest to the landlord.

8-311.

(c) After a hearing held on not more than ten days' notice, and on submission
of proof satisfactory to the court that the goods are not the property of the tenant, the

 

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Session Laws, 1999
Volume 796, Page 1910   View pdf image
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