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Statutes Text

Article - Labor and Employment




§3–1105.

    (a)    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)    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)    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)    (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)    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)    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.



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