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Ch. 26
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2002 LAWS OF MARYLAND
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(B) SAME — BY EXECUTION DEBTOR
(1) A DEBTOR WHO POSSESSES PERSONAL PROPERTY THAT IS UNDER
LEVY PURSUANT TO A WRIT OF EXECUTION MAY NOT REMOVE, SECRETE,
HYPOTHECATE, DESTROY, OR SELL THE PROPERTY OR REMOVE THE PROPERTY
FROM THE COUNTY WHERE IT WAS LOCATED WHEN THE LEVY WAS MADE:
(I) WITHOUT THE PRIOR WRITTEN CONSENT OF THE JUDGMENT
CREDITOR, THE JUDGMENT CREDITOR'S LAWFULLY AUTHORIZED AGENT, OR THE
JUDGMENT CREDITOR'S ASSIGNEE; AND
(II) WITH INTENT TO DEFRAUD THE JUDGMENT CREDITOR OR THE
JUDGMENT CREDITOR'S ASSIGNEE, AND DEFEAT THE LIEN OF THE JUDGMENT
CREDITOR OR THE JUDGMENT CREDITOR'S ASSIGNEE UNDER THE LEVY.
(2) THIS SUBSECTION DOES NOT RELIEVE THE SHERIFF OR OTHER
OFFICER MAKING THE LEVY FROM RESPONSIBILITY TO THE JUDGMENT CREDITOR
FOR SAFEKEEPING PERSONAL PROPERTY TAKEN INTO POSSESSION BY THE SHERIFF
OR OTHER OFFICER MAKING THE LEVY.
(C) SAME — BY SELLER
A SELLER OF PERSONAL PROPERTY WHO POSSESSES THE PERSONAL PROPERTY
UNDER A RECORDED BILL OF SALE MAY NOT REMOVE, SECRETE, HYPOTHECATE,
DESTROY, OR SELL THE PROPERTY OR REMOVE THE PROPERTY FROM THE COUNTY
WHERE IT WAS LOCATED WHEN SOLD:
(1) WITHOUT PRIOR WRITTEN CONSENT IN THE CONTRACT OF THE
BUYER OR THE BUYER'S ASSIGNEE; AND
(2) WITH INTENT TO DEFRAUD THE BUYER
(D) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 6 MONTHS OR A
FINE NOT EXCEEDING $500 OR BOTH.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 214.
Throughout this section, the references to the person "who possesses"
property are substituted for the former archaic references to being "in
possession of" the property for clarity.
Also throughout this section, the former references to "in the case of
[personal property or the holder of personal property]" are deleted as
surplusage.
Also throughout this section, the former references to the "city" where
secured property was located when sold are deleted as surplusage.
Also throughout this section, the references to "prior written" consent are
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- 606 -
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