Cal. Civ. Code § 8-322
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) (1) The costs charged in actions of distress shall be as provided in this section. (2) If the amount of rent distrained for is $500 or less, the cost for a petition for distress is $10 regardless of the number of defendants to be served at the leased premises. (3) If the amount of rent distrained for exceeds $500, then in addition to the costs of paragraph (2) of this subsection, $5 shall be charged for each additional $500 or a fraction of $500 of rent distrained for. (4) The charge for each defendant to be served at an address other than the leased premises is $2. (5) The cost of any reissue of summons for a defendant is $2. (6) If the distress leads to an actual sale of property, the officer may charge and collect a poundage fee not less than $3 or more than $500, computed on the sale price of the personal property sold, as follows: (i) 3 percent of the first $5,000 of sale price; (ii) 2 percent of the second $5,000 of sale price; and (iii) 1 percent of any portion of the sale price over $10,000. (7) For filing and serving a petition on one other party or claimant, the officer may charge and collect $2. There is a $2 charge for service on each additional person whether party, claimant, or attorney of record. (8) Actual costs of sale, including publication of notice of sale, auctioneer’s fees, cost of removal, storage of goods pending sale or for sale, and cost of returning unsold goods to the premises after sale shall be charged. (b) Filing costs shall be paid at the time of filing the action, and other costs at the time of filing subsequent petitions. The award and distribution of costs are in the discretion of the court.
Section 8-322 of Maryland's Real Property Code establishes a detailed fee schedule governing the costs that may be charged in a distress action — a legal proceeding a landlord may use to seize and sell a tenant's personal property to recover unpaid rent. The fees are tiered based on the amount of rent owed, with a base petition cost of $10 for rent up to $500 and incremental charges for higher amounts. If a sale of property actually occurs, an officer may collect a sliding-scale 'poundage' fee ranging from 1% to 3% of the sale price, capped between $3 and $500, plus actual costs such as storage, removal, and publication of sale notices.
Plain English — not legal advice.
Landlords and property managers pursuing a distress action under Md. Code Ann., Real Prop. § 8-322 should be aware that the costs of the proceeding are strictly regulated by statute and are not freely set by the parties. Filing costs must be paid at the time the action is initiated, and subsequent petition costs are due when those petitions are filed. Compliant operators account for the tiered petition fees, per-defendant service charges, and potential poundage fees when evaluating whether a distress action is a practical remedy for recovering unpaid rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Md. Code Ann., Real Prop. § 8-322, the costs that can be charged against you in a distress proceeding are capped and structured by Maryland law — landlords and officers cannot impose arbitrary or unlimited fees. If you are served with a distress petition, the statutory fee schedule limits what may be collected at each stage, including service costs and any poundage fee if your property is sold. Tenants facing a distress action may wish to review the specific cost amounts listed in § 8-322, consult a tenant-rights organization, or seek legal assistance to understand whether the fees being charged conform to what the law permits.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.