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, 1999
Volume 796, Page 3600   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

(I) GIVE JUDGMENT FOR RESTITUTION OF THE POSSESSION OF
THE PROPERTY TO THE COMPLAINANT; AND

(II) ISSUE ITS WARRANT TO THE SHERIFF OR CONSTABLE
COMMANDING THE SHERIFF OR CONSTABLE TO DELIVER POSSESSION TO THE
COMPLAINANT.

(2) THE DISTRICT COURT MAY ALSO GIVE JUDGMENT IN FAVOR OF THE
COMPLAINANT FOR DAMAGES DUE TO THE WRONGFUL DETAINER AND FOR COURT
COSTS AND ATTORNEY FEES IF:

(I) THE COMPLAINANT CLAIMED DAMAGES IN THE COMPLAINT;

AND

(II) THE COURT FINDS THAT:

1. THE PERSON IN ACTUAL POSSESSION WAS PERSONALLY
SERVED WITH THE SUMMONS; OR

2. THERE WAS SERVICE OF PROCESS OR SUBMISSION TO
THE JURISDICTION OF THE COURT AS WOULD SUPPORT A JUDGMENT IN CONTRACT
OR TORT.

(3) A PERSON IN ACTUAL POSSESSION WHO IS NOT PERSONALLY
SERVED WITH A SUMMONS IS NOT SUBJECT TO THE PERSONAL JURISDICTION OF
THE DISTRICT COURT IF THE PERSON APPEARS IN RESPONSE TO THE SUMMONS AND
PRIOR TO THE TIME THAT EVIDENCE IS TAKEN BY THE DISTRICT COURT AND
ASSERTS THAT THE APPEARANCE IS ONLY FOR THE PURPOSE OF DEFENDING AN IN
REM ACTION.

(F) (1) NOT LATER THAN 10 DAYS FROM THE ENTRY OF THE JUDGMENT OF
THE DISTRICT COURT, EITHER PARTY MAY APPEAL TO THE CIRCUIT COURT FOR THE
COUNTY IN WHICH THE PROPERTY IS LOCATED.

(2) THE PERSON IN ACTUAL POSSESSION OF THE PROPERTY MAY
RETAIN POSSESSION UNTIL THE DETERMINATION OF THE APPEAL IF THE PERSON:

(I) FILES WITH THE DISTRICT COURT AN AFFIDAVIT THAT THE
APPEAL IS NOT TAKEN FOR DELAY; AND

(II) 1. FILES SUFFICIENT BOND WITH ONE OR MORE SECURITIES
CONDITIONED ON DILIGENT PROSECUTION OF THE APPEAL; OR

(III) 2. PAYS TO THE COMPLAINANT OR INTO THE APPELLATE

COURT:

1. A, THE FAIR RENTAL VALUE OF THE PROPERTY FOR
THE ENTIRE PERIOD OF POSSESSION UP TO THE DATE OF JUDGMENT;

2. B. ALL COURT COSTS IN THE CASE;

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1999
Volume 796, Page 3600   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 msa.helpdesk@maryland.gov.

©Copyright  October 11, 2023
Maryland State Archives