2018 Maryland Code
Labor and Employment
Title 3 - Employment Standards and Conditions
Subtitle 11 - Lien for Unpaid Wages.
§ 3-1103. Disputed claims.
(a) Complaint. -- An employer may dispute a lien for unpaid wages by filing a complaint in the circuit court for the county where property of an employer is located.
(b) Complaint -- Requirements. -- A complaint filed under this section shall:
(1) be filed within 30 days after notice is served on the employer; and
(2) include:
(i) the name of the employer that owes the employee the wages and the name of the employee to whom the wages are owed;
(ii) a copy of the notice to establish a lien for unpaid wages served on the employer under ยง 3-1102 of this subtitle;
(iii) a statement of any defense to the lien for unpaid wages; and
(iv) an affidavit containing a statement of facts that support any defenses raised.
(c) Hearing. -- The employer or employee may request an evidentiary hearing.
(d) Order establishing lien; burden of proof. -- If an employer files a complaint, the circuit court shall determine whether to issue an order establishing a lien for unpaid wages:
(1) within 45 days after the date on which the complaint was filed; and
(2) based on a preponderance of the evidence in which the employee has the burden of proof to establish the lien for unpaid wages.
(e) Court costs and attorney's fees. --
(1) If a circuit court issues an order to establish a lien for unpaid wages, the employee is entitled to court costs and reasonable attorney's fees.
(2) If a circuit court determines the effort to establish a lien for unpaid wages to have been frivolous or made in bad faith, the court may award court costs and reasonable attorney's fees to an employer.
