Rule 15-1406 - Enforcement of Lien(a) Manner of Enforcement. Upon the entry of an order establishing a lien pursuant to Rule 15-1403(g)(2) or a confirmatory order pursuant to section (b) of this Rule, the employee may enforce the lien in the manners set forth in Rules 2-641 through 2-647, except that the lien may be enforced only upon the property specified in the order and provided that the lien has not been extinguished pursuant to Rule 15-1404(b)(2). Waiver of prepayment of costs for the enforcement proceeding is governed by Rule 1-325. Cross reference: See LE § 3-1106.
(b) Order Confirming Lien Established Pursuant to Rule 15-1403(h).(1)Generally. Upon the establishment and continued existence of a lien pursuant to Rule 15-1403(h) through the timely filing of a Wage Lien Statement after the failure of the employer to file a timely complaint to contest the proposed lien, the employee may enforce the lien in the manner provided in section (a) of this Rule after obtaining a confirmatory order pursuant to this section.(2)Petition for Confirmatory Order.(A) Generally. The employee may seek an order confirming the lien by filing a petition for such an order. Unless prepayment of costs is waived pursuant to Rule 1-325, the petition shall be accompanied by a filing fee in an amount equal to the fee for filing a request for issuance of a writ of garnishment in the circuit court.(B) Venue. If the petition seeks a confirmatory order enforcing the lien against real property, the petition shall be filed in the circuit court for the county where any part of the real property identified in the Wage Lien Statement is located. If the petition seeks a confirmatory order enforcing the lien against personal property, the petition shall be filed in the circuit court for the county where the property identified in the Wage Lien Statement is located. If the employee seeks to enforce the lien against both real and personal property, separate petitions may be filed, subject to transfer of the proceeding against personal property to the court where the proceeding against real property is pending.(C) Contents. The petition shall be under oath or supported by affidavit and shall state or be accompanied by: (i) the names and addresses of the employee and the employer;(ii) the amount of the lien;(iii) whether the lien remains in existence;(iv) what, if any, payments have been made on the unpaid wages for which the lien was established;(v) a copy of the Notice to Employer of Intent to Claim Lien for Unpaid Wages;(vi) the date and manner of service of the Notice and proof of such service;(vii) the failure of the employer to file a timely complaint to contest the proposed lien;(viii) a copy of the Wage Lien Statement recorded pursuant to Rule 15-1404 and each place where that Statement was filed and recorded; and(ix) an adequate description of each item of property against which the lien is sought to be enforced, including the nature of the item and where it is located.(D) Service; Proof of Service. The petition shall be served on the employer in accordance with Rule 2-121. Proof of service shall be filed in accordance with Rule 2-126.(3)Consolidation Upon Transfer. Upon any transfer pursuant to subsection (b)(2)(B) of this Rule, the cases shall be consolidated unless the court, for good cause, orders otherwise.(4)Determination and Order. After an opportunity for a hearing if one is requested, the court shall determine whether the employee is entitled to enforcement of the lien. Unless the court finds that service of the notice or petition was defective, or that there is a substantial and sufficient basis for an actual controversy as to the merits of the lien and that it is equitable to excuse the employer's failure to comply with Rule 15-1403, the determination shall be based on the sufficiency of the notice and petition. If the court determines that the employee is entitled to enforcement of the lien, the court shall enter an order confirming the lien. If the court determines that the employee is not entitled to enforcement of the lien, the court shall enter an appropriate order, which may include denying the petition without prejudice or dissolving the lien.(5)Recordation of Confirmatory Order. The employee may record a confirmatory order in any circuit court in which enforcement of the lien is sought.Md. R. Spec. Proc. 15-1406
Adopted Oct. 10, 2017, eff. 1/1/2018.