court shall issue an order excluding the goods from levy. This order authorizes the
owner to remove [his] THE OWNER'S goods from the leased premises at the owner's
expense free of any claim of the landlord.
(d) The order shall provide that the claimant shall remove [his] THE
CLAIMANT'S goods at [his] THE CLAIMANT'S expense from the leased premises within
a time to be fixed by the court. If the claimant fails to remove [his] THE CLAIMANT'S
goods within the fixed time, then the goods claimed by [him] THE CLAIMANT no
longer shall be excluded from distress and shall be subject to the landlord's claim for
distress as though no petition for exclusion had been filed.
8-313.
(b) An officer does not incur liability for removal of goods which are affixed to
the property. The officer may require the plaintiff to mail or deliver an indemnity
bond to [him] THE OFFICER to protect [him] THE OFFICER from any claim for
damage or injury to any person or property caused by the officer's removal for sale of
goods affixed to the property.
8-314.
(a) The defendant in an action of distress may file an answer, setting forth any
defense [he] THE DEFENDANT may have to the action, including excessive rent
distrained for or the rent sued is not distrainable.
8-315.
(a) If a tenant removes [his] THE TENANT'S goods from the leased premises,
and the officer can find no goods of the tenant on the premises, [he] THE OFFICER
shall report that fact to the court. If the court is satisfied the goods of the tenant have
been removed, it may issue an order to follow goods under distress within six months
after filing of an action of distress. The order shall authorize levy on the removed
goods at any place the goods can be found within the jurisdiction of the court.
(b) If the goods are removed outside the court's jurisdiction, the plaintiff may
file with the court in the jurisdiction where the goods are located, a certified copy of
the original action of distress, together with a verified petition setting forth (i) the fact
of the original petition for distress, (ii) the premises to which the tenant has removed
the goods, and (iii) the name and address of the occupant of the premises. If the
occupant of the premises to which the goods are removed is a person other than the
tenant, an order shall be served by first-class mail or by an officer on the other
person giving [him] THE OCCUPANT seven days from the date of service of the order
to protest seizure of the goods. If not protested, the order becomes final and
authorizes any officer to seize and remove the goods.
(c) Entry to premises under an order to follow goods under distress may be
forcible.
8-320.
(c) If any surplus money or unsold goods remain in the possession of an officer
on completion of proceedings in an action of distress and after payment of all claims
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