Maryland Code § CL-16-206

Section CL-16-206
Open in Lexace · Ask the AI about this section
(a) (1) If the owner of property subject to a lien disputes any part of the
charge for which the lien is claimed, he may institute appropriate judicial
proceedings.
(2) Institution of the proceedings stays execution under the lien until
a final judicial determination of the dispute.
(b) (1) If the owner of property subject to a lien disputes any part of the
charge for which the lien is claimed, he immediately may repossess his property by
filing a corporate bond for double the amount of the charge claimed.
(2) The bond shall be filed with and is subject to the approval of the
clerk of the court of the county where the services or materials for which the lien is
claimed were provided.
(3) The bond shall be conditioned on:

(i) Full payment of the final judgment of the claim, together
with interest;
(ii) All costs incident to the bringing of suit; and
(iii) All cost and expenses which result from the enforcement of
the lien and are incurred before the lienor was notified that the bond was filed.
(4) Filing of the bond stays execution under the lien until final
judicial determination of the dispute.
(5) If service of process by a lienor on the owner is returned non est
after filing of a bond, service may be made by publication as in the case of a suit
against a nonresident.
(6) If suit is not instituted by the lienor within six months after the
bond is filed, the bond is discharged.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.