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§ 2-304. Failure to file returns on writs of execution or attachments

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 2. Court Personnel (Refs & Annos)
Subtitle 3. Sheriffs (Refs & Annos)
Part I. General Provisions (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 2-304
§ 2-304. Failure to file returns on writs of execution or attachments
Orders by court
(a) If a sheriff fails to file a return within the time set by the court or by rule, the court, on motion, shall order him to do so.
Amerce for debt or damages
(b) If a sheriff fails to file a return on an original writ within the time set by the court, the court shall amerce the sheriff for the benefit of the plaintiff in the amount of the debt or damages and costs due from the defendant, ascertained from the oath of the plaintiff and other proof required by the court.
Citations for contempt
(c) If a sheriff fails to file a return on a writ mailed to him for service in his county, the court that issued the writ may cite him for contempt, and may fine the sheriff not more than $50.
Amerce for amount of judgment stated in writ
(d) If a sheriff fails to file a return on a writ of execution or attachment within the time set by the court, the court may amerce the sheriff, for the benefit of the plaintiff, in the amount of the judgment stated in the writ.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974.
Formerly Art. 87, §§ 10, 11, 16, 20.
MD Code, Courts and Judicial Proceedings, § 2-304, MD CTS & JUD PRO § 2-304
Current through legislation effective through May 9, 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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