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2017 Maryland Code
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 3 - Attachment
§ 3-303. Attachment before judgment -- Instances when available
Universal Citation: MD Cts & Jud Pro Code § 3-303 (2017)
- (a) In general. -- An attachment before judgment may issue in any of the instances in this section.
- (b) Nonresident debtor. -- If the debtor is a nonresident individual, or a corporation which has no resident agent in this State, and:
- (1) The debtor is a person over whom the court could exercise personal jurisdiction pursuant to ยงยง 6-102, 6-103, and 6-104 of this article; or
- (2) The action involves claims to property in this State which property is to be attached; or
- (3) The action is any other in which the attachment is constitutionally permitted.
- (c) Action to evade service. -- If a resident individual defendant or an agent authorized to accept process for a corporation has acted to evade service.
- (d) Absconding debtor. -- If the debtor has absconded or is about to abscond from the State; or if an individual has removed, or is about to remove, from his place of abode in the State with intent to defraud his creditors.
- (e) Fraud. --
- (1) If the debtor is about to assign, dispose of, conceal, or remove his property or a portion of it from the State with intent to defraud his creditors; or
- (2) If the debtor has done any of these acts, or fraudulently contracted the debt or incurred the obligation which is the subject of the pending action.
- (f) Nonresident heir or devisee. -- If the debtor is deceased and an adult nonresident is entitled by descent or devise from the debtor to any land or interest in land in the State, an attachment may issue against that land or interest held by descent or devise from the person indebted.
- (g) Home improvements. -- If any person who is required to be but is not licensed under the provisions of the Maryland Home Improvement Law, in an action against that person arising out of a home improvement transaction.
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