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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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LABOR AND EMPLOYMENT |
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TITLE 3. EMPLOYMENT STANDARDS AND CONDITIONS |
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SUBTITLE 11. LIEN FOR UNPAID WAGES. |
§ 3-1105. Recordation of lien.
Latest version.
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(a) Following court order. -- If a circuit court orders the establishment of a lien for unpaid wages, the employee may record the lien for unpaid wages by filing a wage lien statement under subsection (c) of this section.
(b) Following failure to file complaint by employer. -- If the employer fails to file a timely complaint disputing the notice of wage lien, the employee may record the lien for unpaid wages by filing a wage lien statement under subsection (c) of this section along with proof of service in accordance with Maryland Rule 2-126.
(c) Method of recordation. -- A wage lien statement may be recorded:
(1) for a lien against real property, by filing a wage lien statement, in a form prescribed by the Commissioner, with the clerk of the circuit court for the county where any portion of the property is located; and
(2) for a lien against personal property, by filing a wage lien statement in the same manner, form, and place as a financing statement under Title 9, Subtitle 5 of the Commercial Law Article.
(d) Failure to record; extinguishment of lien. --
(1) If an employee does not record a wage lien statement within 180 days after the lien for unpaid wages is established, a lien for unpaid wages shall be extinguished without prejudice.
(2) If payment is made or a bond is filed for the amount of wages and damages stated in the wage lien statement, the recorded lien for unpaid wages shall be released.
(e) Priority. -- A lien for unpaid wages recorded under this section shall be considered a secured claim that has priority:
(1) from the date of the court order establishing the lien for unpaid wages; or
(2) if no complaint disputing the lien for unpaid wages is filed, from the date that the employee filed the wage lien statement.
(f) Recordation as constructive notice of lien. -- Subsequent bona fide purchasers of any property subject to a recorded lien for unpaid wages are deemed to have constructive notice of the lien for unpaid wages from date of recordation of a wage lien statement.