§ 8-325. Deficiency judgment; hearing; exemptions

   (a) Deficiency judgment. -- If the amount received from a sale of goods under distress, after payment of all costs and expenses, is not sufficient to pay the plaintiff's claim, the plaintiff may file a verified petition with the court for a deficiency money judgment. Notice of the petition shall be served on the tenant, giving at least 14 days' notice of hearing on the petition. After the hearing, the court may order a money judgment entered for the deficiency against the defendant regardless of whether the amount exceeds the monetary limit of the civil jurisdiction of the court.

(b) Against tenant or assignee. -- A deficiency money judgment under a lease may be entered only against the person named in the lease as tenant, and who signed the lease as such, or against an assignee who has assumed a covenant in writing to pay rent.

(c) Exemptions. -- The general exemption laws of the State are applicable to the enforcement of any deficiency money judgment given in an action of distress.

HISTORY: An. Code 1957, art. 21, § 8-324; 1974, ch. 12, § 2.