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§ 11-610. Judgment of restitution by District Court

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 11. Victims and Witnesses (Refs & Annos)
Subtitle 6. Restitution and Other Payments (Refs & Annos)
Part I. Restitution
MD Code, Criminal Procedure, § 11-610
§ 11-610. Judgment of restitution by District Court
Currentness
Application of section
(a)(1) Except as provided in paragraph (2) of this subsection, the provisions of this section do not apply in Baltimore City.
(2) In Baltimore City, a judgment of restitution shall:
(i) be entered, indexed, and recorded under Maryland Rule 3-601; and
(ii) constitute a lien as provided under Maryland Rule 3-621(b).
(3) A judgment of restitution that the District Court orders under Part I of this subtitle may not be recorded and indexed by the Clerk of the District Court as a money judgment in the District Court until the person or governmental unit to whom the restitution obligor has been ordered to pay restitution files with the Clerk of the District Court a written request for the recording and indexing.
Notice of lien of judgment to circuit court
(b) Once a judgment of restitution is recorded and indexed as a money judgment under subsection (a) of this section:
(1) the Clerk of the District Court shall immediately forward a notice of lien of judgment to the circuit court for the county of entry of judgment; and
(2) on the receipt of the written statement from the person or governmental unit to whom a restitution obligor has been ordered to pay restitution, the Clerk of the District Court shall forward a notice of lien of judgment to the circuit court of any other county as the Maryland Rules provide.
Record and index of notice of lien
(c) Whenever the Clerk of the District Court forwards a notice of lien under subsection (b) of this section to a circuit court, the clerk of the circuit court shall record and index the notice of lien as the Maryland Rules provide.
Money judgment as lien on interest in land
(d)(1) A judgment of restitution that is issued by the District Court and is recorded and indexed as a money judgment under subsection (a) of this section is a lien in the amount of the judgment on the restitution obligor's interest in land in a county.
(2) The lien is in effect from the date that a notice of lien is recorded and indexed in the circuit court of the county.
Notice of judgment of restitution
(e)(1) If the District Court enters a judgment of restitution under Part I of this subtitle, the Clerk of the District Court shall send a written notice to the person or governmental unit in whose favor the judgment of restitution is entered.
(2) The notice shall say in substance:
“The District Court has awarded you a judgment of restitution.
“The judgment of restitution is not a money judgment until it is recorded and indexed in the civil judgment records of the District Court.
“On your written request and without charge, the Clerk of the District Court will record and index the judgment of restitution as a money judgment. Then, without charge, the Clerk of the District Court will also send a notice of lien to the circuit court for the county, and, without charge, the notice of lien will be recorded and indexed in the circuit court for the county.
“On your further written request, the Clerk of the District Court will send a notice of lien to the circuit court for any other county that you specify.”

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2005, c. 512, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 1, eff. April 8, 2006.
Formerly Art. 27, § 807.
MD Code, Criminal Procedure, § 11-610, MD CRIM PROC § 11-610
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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