(a) The following are exempt from distress:
(1) Hand-powered and operated tools used by a tenant in the tenant’s occupation or livelihood;
(2) Law books of an attorney;
(3) Hand-operated instruments of a physician;
(4) Medical books of a physician;
(5) Files and professional records of an attorney or physician; and
(6) The prior perfected security interest in all goods in which the tenant has an interest.
(b) The landlord in 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.
Structure Maryland Statutes
Subtitle 3 - Distress for Rent
Section 8-302 - Action at Law; Jurisdiction; Leases Subject to Distress; Venue
Section 8-303 - Form and Contents of Petition; Service
Section 8-304 - Show-Cause Order
Section 8-306 - Goods Levied On; Exclusions From Levy
Section 8-307 - Exemptions From Levy; Goods Subject to Security Interest
Section 8-308 - Levied Goods in Court
Section 8-309 - Entry Under Levy; Forcible Entry; Time of Levy
Section 8-310 - Removal of Levied Goods; Bond
Section 8-311 - Levy on Goods of Third Person; Finality of Levy; Removal of Excluded Goods
Section 8-312 - Effect of Levy on Title to Goods; Risk of Loss of Levied Goods
Section 8-313 - Expense of Removing Goods; Liability for Removal of Goods Affixed to the Property
Section 8-314 - Answer to Petition; Hearing; Final Order of Sale
Section 8-316 - Bond for Return of Levied Goods; Order to Release Goods
Section 8-317 - Order to Make Forcible Entry After Levy on Goods
Section 8-318 - Notice of Sale
Section 8-319 - Manner of Sale; Removal for Sale
Section 8-321 - Security for Costs
Section 8-323 - Rights of Third Party When Goods Sold Under Distress
Section 8-324 - Termination of Leases; Possession of Premises
Section 8-325 - Deficiency Judgment; Hearing; Exemptions
Section 8-326 - Levy on Goods of Husband and Wife
Section 8-327 - Amendment of Petition or Other Pleading
Section 8-329 - Assignment of Leases; Liability of Assignee
Section 8-330 - Service of Process
Section 8-331 - Stay When Notice Not Received
Section 8-332 - Right to Appeal; Time for Taking; Trial; Stays