RULE 15-1406. ENFORCEMENT OF LIEN
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 15-1406
RULE 15-1406. ENFORCEMENT OF LIEN
(a) Manner of Enforcement. Upon the entry of an order establishing a lien pursuant to Rule 15-1403 (g)(2) or a confirmatory order pursuant to section (b) of this Rule, the employee may enforce the lien in the manners set forth in Rules 2-641 through 2-647, except that the lien may be enforced only upon the property specified in the order and provided that the lien has not been extinguished pursuant to Rule 15-1404 (b)(2). Waiver of prepayment of costs for the enforcement proceeding is governed by Rule 1-325.
Cross reference: See LE ยง 3-1106.
(1) Generally. Upon the establishment and continued existence of a lien pursuant to Rule 15-1403 (h) through the timely filing of a Wage Lien Statement after the failure of the employer to file a timely complaint to contest the proposed lien, the employee may enforce the lien in the manner provided in section (a) of this Rule after obtaining a confirmatory order pursuant to this section.
(A) Generally. The employee may seek an order confirming the lien by filing a petition for such an order. Unless prepayment of costs is waived pursuant to Rule 1-325, the petition shall be accompanied by a filing fee in an amount equal to the fee for filing a request for issuance of a writ of garnishment in the circuit court.
(B) Venue. If the petition seeks a confirmatory order enforcing the lien against real property, the petition shall be filed in the circuit court for the county where any part of the real property identified in the Wage Lien Statement is located. If the petition seeks a confirmatory order enforcing the lien against personal property, the petition shall be filed in the circuit court for the county where the property identified in the Wage Lien Statement is located. If the employee seeks to enforce the lien against both real and personal property, separate petitions may be filed, subject to transfer of the proceeding against personal property to the court where the proceeding against real property is pending.
(4) Determination and Order. After an opportunity for a hearing if one is requested, the court shall determine whether the employee is entitled to enforcement of the lien. Unless the court finds that service of the notice or petition was defective, or that there is a substantial and sufficient basis for an actual controversy as to the merits of the lien and that it is equitable to excuse the employer's failure to comply with Rule 15-1403, the determination shall be based on the sufficiency of the notice and petition. If the court determines that the employee is entitled to enforcement of the lien, the court shall enter an order confirming the lien. If the court determines that the employee is not entitled to enforcement of the lien, the court shall enter an appropriate order, which may include denying the petition without prejudice or dissolving the lien.
Credits
[Adopted Oct. 10, 2017, eff. Jan. 1, 2018.]
MD Rules, Rule 15-1406, MD R SPEC P Rule 15-1406
Current with amendments received through February 1, 2023. Some sections may be more current, see credits for details.
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