Free Petition for Levy in Distress/Show Cause Order/Order to Sheriff of Constable Levy in - Maryland


File Size: 370.0 kB
Pages: 2
Date: December 16, 2008
File Format: PDF
State: Maryland
Category: Court Forms - State
Word Count: 647 Words, 3,718 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.courts.state.md.us/district/forms/civil/dccv086.pdf

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Preview Petition for Levy in Distress/Show Cause Order/Order to Sheriff of Constable Levy in
DISTRICT COURT OF MARYLAND FOR
City/County

Located at
Court Address

Case No.

Plaintiff/Judgment Creditor

Defendant/Judgment Debtor

PETITION FOR LEVY IN DISTRESS
The petition of the Landlord respectfully represents: 1. That the Tenant occupies the premises owned by the Landlord known as . 2. That said premises were rented under a written lease dated at a rental of $ , for a term of per month.

That said premises have been occupied by the Tenant for a period of more than three months, this is, since Date at a rental of $ per month. 3. That, if the parties hereto are not the original Landlord and/or Tenant, the following assignments of the lease have been made: . 4. That as of
Date

the Tenant owes the Landlord rent in arrears and unpaid of $

That none of the chattels on the premises in which the Tenant has an interest are subject to a prior recorded security interest. That attached hereto is a list of the chattels on said premises in which the Tenant has an interest which are subject to prior recorded security interests, as to which the Landlord will secure releases from the holders of said interest before requesting an order of sale, failing which, the Landlord hereby releases said chattels from this distress action and asserts no claim thereto as against the holders of the security interests. WHEREFORE Landlord prays that all non-exempt property now on said premises be levied upon and sold to pay said rental now due and any rent accruing after the filing hereof to the date of sale, together with all costs and expenses incurred or charged in this action. I solemnly affirm under the penalties of perjury that the facts recited in this Petition are true and correct to the best of my knowledge, information, and belief.
Date Signature of Landlord

5.

SHOW CAUSE ORDER
An application for immediate levy on all non-exempt property on the premises shown in this Petition having been made to this Court it is ORDERED that appear in this Court on Date Tenant at M. to show cause why a levy in distress should not be made, provided that a copy of this Order and Petition be . served on the Tenant on or before Any reasonable accommodation for persons with disabilities should be requested by contacting the court prior to hearing.

Date

Clerk

ORDER TO SHERIFF OR CONSTABLE
A hearing on the Petition for Levy in Distress having been held on , and it appearing that a levy under an Date action of distress should be made it is, ORDERED, that all goods on the leased premises not exempted by law shall be levied upon, and it is further, ORDERED, that a copy of this Order be served on each tenant on the leased premises. ORDERED, that if no tenant is found on the said premises, a copy of this Order shall be affixed in a prominent place on the interior of the leased premises.

Date

Judge

DC/CV 86 (Rev. 6/2004)

Reset

NOTICE TO TENANT
You may appear at the time stated and present evidence on your behalf. If you fail to appear, all goods on the leased premises not exempted by law may be levied upon and removed by the Sheriff/Constable.

EXEMPTIONS
The following are exempt from a levy in distress: 1. 2. 3. 4. 5. 6. Hand-powered and operated tools used by a tenant in his occupation or livelihood; Law books of an attorney; Hand-operated instruments of a physician; Medical books of a physician; Files and professional records of an attorney or physician; and The prior perfected security interest in all goods in which the tenant has an interest.

Since no complete statement of your rights and liabilities can be given here and this is advisory only, you may wish to consult a lawyer. All communications to the Court should refer to the case number at the top and to the trial date.