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§ 3-1305. Actions filed by merchant

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2016

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 13. Remedies for Shoplifting and Employee Theft (Refs & Annos)
Effective: October 1, 2016
MD Code, Courts and Judicial Proceedings, § 3-1305
§ 3-1305. Actions filed by merchant
Currentness
Filing of civil action
(a) If the second demand letter is returned unclaimed to the merchant or if full payment is not otherwise received by the merchant on or before the date specified in the second demand letter, the merchant may file a civil action to recover the damages provided for in § 3-1302 of this subtitle, together with court costs and reasonable attorney's fees.
Proof of compliance
(b) In a civil action brought under this subtitle, the merchant shall submit proof to the court that the merchant complied with all requirements under § 3-1303 of this subtitle concerning demand letters.
Merchant award
(c) If the merchant prevails in a civil action brought under this subtitle, the merchant shall also be entitled to an award of court costs and reasonable attorney's fees, to be assessed without regard to the ability of the responsible person to pay.
Responsible person award
(d) If the responsible person prevails in a civil action brought under this subtitle, the responsible person shall be entitled to an award of court costs and reasonable attorney's fees, to be assessed without regard to the ability of the merchant to pay.

Credits

Added by Acts 1991, c. 582, § 1, eff. July 1, 1991. Amended by Acts 2016, c. 679, § 1, eff. Oct. 1, 2016.
MD Code, Courts and Judicial Proceedings, § 3-1305, MD CTS & JUD PRO § 3-1305
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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