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§ 3-1105. Filing and recording of wage lien statements

West's Annotated Code of MarylandLabor and EmploymentEffective: October 1, 2013

West's Annotated Code of Maryland
Labor and Employment
Title 3. Employment Standards and Conditions (Refs & Annos)
Subtitle 11. Lien for Unpaid Wages (Refs & Annos)
Effective: October 1, 2013
MD Code, Labor and Employment, § 3-1105
§ 3-1105. Filing and recording of wage lien statements
Currentness
In general
(a) If a circuit court orders the establishment of a lien for unpaid wages, the employee may record the lien for unpaid wages by filing a wage lien statement under subsection (c) of this section.
Employer failure to dispute notice of lien
(b) If the employer fails to file a timely complaint disputing the notice of wage lien, the employee may record the lien for unpaid wages by filing a wage lien statement under subsection (c) of this section along with proof of service in accordance with Maryland Rule 2-126.
Recording
(c) A wage lien statement may be recorded:
(1) for a lien against real property, by filing a wage lien statement, in a form prescribed by the Commissioner, with the clerk of the circuit court for the county where any portion of the property is located; and
(2) for a lien against personal property, by filing a wage lien statement in the same manner, form, and place as a financing statement under Title 9, Subtitle 5 of the Commercial Law Article.
Extinguishment or release of lien
(d)(1) If an employee does not record a wage lien statement within 180 days after the lien for unpaid wages is established, a lien for unpaid wages shall be extinguished without prejudice.
(2) If payment is made or a bond is filed for the amount of wages and damages stated in the wage lien statement, the recorded lien for unpaid wages shall be released.
Priority of claim
(e) A lien for unpaid wages recorded under this section shall be considered a secured claim that has priority:
(1) from the date of the court order establishing the lien for unpaid wages; or
(2) if no complaint disputing the lien for unpaid wages is filed, from the date that the employee filed the wage lien statement.
Subsequent bona fide purchasers
(f) Subsequent bona fide purchasers of any property subject to a recorded lien for unpaid wages are deemed to have constructive notice of the lien for unpaid wages from date of recordation of a wage lien statement.

Credits

Added by Acts 2013, c. 540, § 1, eff. Oct. 1, 2013; Acts 2013, c. 541, § 1, eff. Oct. 1, 2013.
MD Code, Labor and Employment, § 3-1105, MD LABOR & EMPLY § 3-1105
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.
End of Document