Maryland Motion to Sell Distrained Goods is a motion that is filed in the Circuit Court of Maryland by a creditor that has obtained a judgment against a debtor and has placed a lien on the debtor's property (distraint). The motion is used to request permission to sell the distrained property in order to satisfy the debt. The motion is usually accompanied by an Affidavit of Debt, a Certificate of Judgment and a Notice of Intent to Sell Distrained Property. Depending on the type of property under distraint, there are two types of Maryland Motion to Sell Distrained Goods: 1. Motion to Sell Personal Property: This motion is used to request permission to sell personal property that has been distrained, such as furniture, appliances, jewelry, etc. 2. Motion to Sell Real Property: This motion is used to request permission to sell real property that has been distrained, such as land, buildings, and other immovable property.
Maryland Motion to Sell Distrained Goods
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The Notice of Intention to Defend includes space for you to explain why you should not be required to pay the money the plaintiff claims you owe. You should be prepared to defend this (and other reasons) in court during the trial. Make sure you bring your exhibits and evidence.
Replevin seeks the return of property, along with possible damages. It allows for the possible return/possession of the property at a Show Cause hearing, a hearing held before a trial. It is filed in the District Court, regardless of the amount in dispute.
You can agree or disagree with the request of the order or even provide a statement about how you would like something handled differently and why. If you fail to appear in court and respond to the order, you could be charged with contempt of court and face significant monetary fines or even imprisonment.
Code (1957), Art. 57, § 1, provides: "All actions of detinue or replevin shall be commenced, sued or issued within three years from the time the cause of action accrued; ".
The Complaint: The complaint in replevin typically must include: (i) a description of the property to be replevied; (ii) its value; (iii) its location if known; and (iv) the material facts upon which the claim is based ? in other words, why the filing party is entitled to seize the property that has been taken.
(1) File a motion in the District Court where the case was (Use form DC-002) You can file this motion in writing within ten (10) days after the date of the judgment. You must state in writing all of the reasons that you believe that the District Court judge made the wrong decision.
What are Replevins and Detinues? A replevin is a legal action that allows you to seek the immediate return of property prior to a trial. A detinue seeks the return of property or compensation for its value, but does not allow for a hearing prior to trial to determine immediate possession of property.
To initiate the replevin process with your attorney, you will file a Complaint form, a Show Cause Order, and a Request for Service. You must pay a filing fee and an additional fee if you want the sheriff to serve the defendant with the summons.