(a) Only those goods necessary to satisfy the claim for rent due and to pay all costs may be sold in a sale under distress. Any unsold goods shall be returned to the tenant if they have been removed or they shall be left on the premises. If a surplus of money remains after the sale and payment of the rent claim and all costs, it shall be returned to the tenant or paid as provided by order of the court. The cost of returning unsold goods to the premises, if removed, shall be included as costs of the sale.
(b) Before any distrainable goods of others are sold at a sale, the goods of the tenant shall be sold first and in their entirety, if necessary, to satisfy the claim for rent and costs. The sale of goods of others shall be made only to the extent necessary to satisfy the rent claim and all costs.
(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 the creditor’s or claimant’s 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.
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