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§ 3-303. Attachments before judgment

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 3. Attachment (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 3-303
§ 3-303. Attachments before judgment
Currentness
In general
(a) An attachment before judgment may issue in any of the instances in this section.
Debtor a nonresident, or corporation with no resident agent in State
(b) If the debtor is a nonresident individual, or a corporation which has no resident agent in this State, and:
(1) The debtor is a person over whom the court could exercise personal jurisdiction pursuant to §§ 6-102, 6-103, and 6-104 of this article; or
(2) The action involves claims to property in this State which property is to be attached; or
(3) The action is any other in which the attachment is constitutionally permitted.
Evasion of service
(c) If a resident individual defendant or an agent authorized to accept process for a corporation has acted to evade service.
Flight of debtor from State
(d) If the debtor has absconded or is about to abscond from the State; or if an individual has removed, or is about to remove, from his place of abode in the State with intent to defraud his creditors.
Assignment, disposal, concealment, or removal of property with intent to defraud
(e)(1) If the debtor is about to assign, dispose of, conceal, or remove his property or a portion of it from the State with intent to defraud his creditors; or
(2) If the debtor has done any of these acts, or fraudulently contracted the debt or incurred the obligation which is the subject of the pending action.
Land or interest in land held by descent
(f) If the debtor is deceased and an adult nonresident is entitled by descent or devise from the debtor to any land or interest in land in the State, an attachment may issue against that land or interest held by descent or devise from the person indebted.
Home improvement transactions
(g) If any person who is required to be but is not licensed under the provisions of the Maryland Home Improvement Law,1 in an action against that person arising out of a home improvement transaction.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 571; Acts 1983, c. 225, 480; Acts 1992, c. 26, § 2.
Formerly Art. 9, § 1.

Footnotes

1
Business Regulation, § 8-101 et seq.
MD Code, Courts and Judicial Proceedings, § 3-303, MD CTS & JUD PRO § 3-303
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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