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RULE 12-302. COMMENCEMENT OF ACTION

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 12. Property Actions
Chapter 300. Mechanics' Liens (Refs & Annos)
MD Rules, Rule 12-302
RULE 12-302. COMMENCEMENT OF ACTION
(a) How Commenced. An action to establish a mechanics' lien shall be commenced by filing a complaint in the county where all or any part of the land to be subject to the lien is located.
(b) Complaint. The complaint shall be under oath by the plaintiff or a person making oath on the plaintiff's behalf. It shall be accompanied by the original or sworn, certified, or photostatic copies of material papers that constitute the basis of the lien unless their absence is explained in the complaint. In addition to complying with Rules 2-303 through 2-305, the complaint shall set forth facts upon which the plaintiff claims entitlement to the lien in the amount specified and shall contain at least the following:
(1) the name and address of the plaintiff;
(2) the name and address of the owner;
(3) the kind of work done or the kind and amount of materials furnished, the time when the work was done or the materials furnished, the name of the person for whom the work was done or to whom the materials were furnished, and the amount claimed to be due, less any credit recognized by the plaintiff, and if the lien is sought to be established against two or more buildings on separate lots or parcels of land owned by the same person, a designation of the amount claimed to be due on each building;
Cross reference: See Code, Real Property Article, § 9-105(a)(1) for the consequence of failing to make the designation required when multiple buildings on separate lots are involved.
(4) a description of the land, including, if part of the land is located in another county, a statement to that effect, and a description adequate to identify the building;
(5) if a building is not newly erected, a statement that it has been repaired, rebuilt, or improved to the extent of 15 percent of its value; and
(6) if the plaintiff is a subcontractor, facts showing that the notice required under Code, Real Property Article, § 9-104 was properly mailed or served upon the owner or, if so authorized, posted on the building.
(c) Defendants. The plaintiff shall bring an action to establish a mechanics' lien against the owner of the land against which the lien is sought to be established. The plaintiff may join, but is not required to join, any other person who has or may have an interest in the land and who may be entitled to share in the proceeds of a sale of the land.
Source: This Rule is derived from former Rule BG71.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997.]

Editors' Notes

HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure BG71, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. July 1, 1974; amended July 12, 1976, eff. Aug. 9, 1976; April 6, 1984, eff. July 1, 1984; Jan. 10, 1995, eff. Feb. 1, 1995, related to commencement of actions, rescinded June 5, 1996, eff. Jan. 1, 1997.
MD Rules, Rule 12-302, MD R PROP ACT Rule 12-302
Current with amendments received through November 15, 2019.
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