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§ 16-208. Replevy of property by owner

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 16. Statutory Liens on Personal Property
Subtitle 2. Lien on Aircraft, Boats, Mobile Homes and Motor Vehicles (Refs & Annos)
MD Code, Commercial Law, § 16-208
§ 16-208. Replevy of property by owner
Currentness
(a) If the owner of property subject to a lien institutes an action of replevin and establishes a right to the issuance of a writ but for the defendant's alleged lien under this subtitle, the court shall issue the writ.
(b)(1) In the trial of the replevin action, the court shall determine:
(i) The amount of the lien claim, if any; and
(ii) The amount of any expenses properly incurred or accrued before the trial, including storage and advertising.
(2) If judgment is for the defendant:
(i) It may include reasonable attorney's fees; and
(ii) It shall be either for the property replevied or for the amounts determined in accordance with paragraph (1) of this subsection.
(3) The defendant has the burden of proof to establish his lien claim to the same extent as if he were a plaintiff in an action to secure judgment on an open account.

Credits

Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 1991, c. 600.
Formerly Art. 63, §§ 45, 53.
MD Code, Commercial Law, § 16-208, MD COML § 16-208
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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