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 4164   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

(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
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 premise's,
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

 

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 4164   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