Section 8-305 - Order of levy; service of petition and order; inventory; return; amended levy and inventory.
§ 8-305. Order of levy; service of petition and order; inventory; return; amended levy and inventory.
(a) Order of levy; service of order.- On a determination of reasonable probability, the court promptly shall issue an order directing that all goods on the leased premises not exempted by law shall be levied on. A copy of the order of levy shall be served on each tenant on the leased premises. If no tenant is found on the premises, a copy of the order shall be affixed in a prominent place on the interior of the leased premises.
(b) Inventory.- The officer making the levy then shall proceed to make an inventory of each article of goods distrained on and deliver a copy to each tenant found on the leased premises. If no tenant is found, the officer shall affix a copy to the premises as provided above in the case of the order.
(c) Return.- The officer serving the order shall make a return of the officer's action to the court including the date and time of return.
(d) Amended levy and inventory.- If the plaintiff by verified petition requests the court to include in the levy goods subject to distress and claimed to be on the leased premises but not included in the levy and inventory, the court, after service of a copy of the petition on the defendant and any person claiming an interest in the goods, shall conduct a hearing on the petition. The court may amend the levy and inventory to include those goods the court finds should be included.
[An. Code 1957, art. 21, § 8-304; 1974, ch. 12, § 2; 1976, ch. 272; 1999, ch. 219.]