|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Martin O'Malley, Governor
|
|
|
|
|
|
Ch. 184
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) The court shall schedule a hearing on the
forfeiture at which the registered owner of the motor vehicle
shall be given the opportunity to testify.
(3) the registered owner of the motor vehicle shall be
served notice at least 10 days before the forfeiture hearing.
(4) if, after a full hearing, the court determines:
(I) That the motor vehicle should not be
forfeited, the court shall order that the motor vehicle be
released to a registered owner;
(II) that the motor vehicle should be forfeited,
the court shall order that the motor vehicle de forfeited to the
appropriate governing body; or
(III) that the motor vehicle is subject to a lien
created without actual knowledge that the motor vehicle was used
in a violation under § 21-904(D) or (E) of this article, the court shall
order that the motor vehicle be released within 5 days to the first
priority lienholder.
(G) (1) if the motor vehicle is released to the lienholder
under subsection (F)(4)(III) of this section, the lienholder shall sell
the motor vehicle in a commercially reasonable manner.
(2) the proceeds of the sale of the motor vehicle shall
be applied in the following order:
(I) to the court costs of the forfeiture
proceeding;
(II) to the balance due the lienholder, including
all reasonable costs incident to the sale;
(III) to payment of all other expenses of the
proceedings for forfeiture, including expenses of seizure or
(IV) To the General Fund of the State or the
political subdivision that seized the motor vehicle.
|
|
|
|
|
|
|
|
|
|
-1419 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
