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Session Laws, 1999
Volume 796, Page 1912   View pdf image
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and costs incurred, a judgment creditor or other person claiming a right to the money
or goods may petition the court in which the action was brought for payment of [his]
THE CREDITOR'S OR CLAIMANT'S judgment or. claim out of the excess of money or
goods, plus court costs expended by the creditor or claimant. After a hearing on the
petition, the court may direct payment of the money or goods or order the sale of goods
in the same manner and after proceedings similar to those in attachment or
execution. Any exemption allowed by law is permitted in these proceedings if claimed.

8-323.

If the goods of a third party are distrained on and sold under an action of
distress, the third party has a right of action against the tenant for damages for any
loss sustained by the third party as a result of the levy and sale of [his] THE THIRD
PARTY'S goods under distress. The action for damages may be brought before the
court before which the original action was brought, regardless of any monetary
limitation of the civil jurisdiction of the court. If the action for damages is brought in
any other court, only a certified copy of the record in the original court need be filed
as evidence of the proceedings.

8-324.

(c) If the court declares a lease terminated under subsection (a), the court on
application of the plaintiff, may issue its order or judgment of restitution of the
premises. The court shall issue its warrant to the officer commanding [him] THE
OFFICER to deliver immediately to the plaintiff, possession in full and ample manner
as set forth in § 8-402(b). The costs of this action are the same as in the case of a
tenant holding over.

8-328.

(a) If a tenant under a lease dies, or, if the tenant is a corporation and ceases
to exist, distress may-be brought against the tenant named in the lease regardless of
death or nonexistence. The plaintiff shall give notice of an action of distress to the
personal representative of a deceased defendant or to any person who was an officer
at the time the corporation ceased to exist and the plaintiff shall certify to the court
that [he] THE PLAINTIFF has given notice. Then the plaintiff may proceed with levy
and sale as provided in this subtitle.

(b) If a tenant dies and no personal representative is appointed by a court
having jurisdiction, or if an officer of the nonexistent corporation cannot be found and,
therefore, service of process is returned non est, then, on application of the plaintiff,
an order may be passed requiring a copy of the petition for distress to be posted at the
courthouse door at least one week before the date of sale. Failure of the plaintiff to
apply for the order subjects [him] THE PLAINTIFF to suit by the personal
representative of the deceased tenant, or by the officer or surviving directors of the
nonexistent corporation for any loss or damage sustained, If the plaintiff makes
application for the order, [he] THE PLAINTIFF is under no liability either to the estate
of the deceased tenant, or to the surviving trustees or officers of the nonexistent
corporation.

 

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Session Laws, 1999
Volume 796, Page 1912   View pdf image
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