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Session Laws, 1999
Volume 796, Page 4165   View pdf image
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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
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 CLAIMANTS 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.

 

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Session Laws, 1999
Volume 796, Page 4165   View pdf image
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