(a) Generally. If the court issues an order pursuant to Rule 15-1403 establishing a lien or if the employer fails to file a complaint within 30 days after service of the notice served pursuant to Rule 15-1402, the employee may file for recording a Wage Lien Statement as prescribed in this Rule.

(b) Time for Filing. A Wage Lien Statement shall be filed within 180 days after (1) entry of an order issued pursuant to Rule 15-1403 (g)(2), or (2) if the employer failed to file a timely complaint pursuant to Rule 15-1403 (h), the time for employer response has elapsed.

(c) Lien Against Real Property. A Wage Lien Statement that includes a lien against real property shall be in the form prescribed by the Commissioner of Labor and Industry and shall be filed with the Clerk of the Circuit Court for the county in which any portion of the property is located. The lien shall be recorded among the land records of the county. The recording fee shall be equal to the fee for recording a District Court judgment as a lien.

Cross reference: See LE § 3-1105 (c)(1) and COMAR 09.12.39.04.

(d) Lien Against Personal Property. A Wage Lien Statement that includes a lien against personal property shall be filed in the same manner, form, and place as a financing statement under Code, Commercial Law Article, Title 9, Subtitle 5.

Committee note: Code, Commercial Law Article, § 9-501 requires financing statements to be filed with the State Department of Assessments and Taxation. Note §§ 9-509, 9-516, and 9-526 with respect to requirements that apply to the acceptance of financing statements.

(e) Priority. A lien for unpaid wages recorded under this Rule shall be considered a secured claim that has priority (1) if the lien was established by a court order pursuant to Rule 15-1403, from the date the order was docketed, or (2) if no complaint disputing the claim was filed, from the date the employee filed the Wage Lien Statement for recording.

Cross reference: See LE § 3-1105 (f) providing constructive notice of an unpaid wage lien from the date the Wage Lien Statement is recorded.