§ 3-1305

Maryland § 3-1305

• Jurisdiction: Maryland
• Article gcj: Courts and Judicial Proceedings
• Title: 3

Text

(a) If the second demand letter is returned unclaimed to the merchant or if full payment is not otherwise received by the merchant on or before the date specified in the second demand letter, the merchant may file a civil action to recover the damages provided for in § 3–1302 of this subtitle, together with court costs and reasonable attorney’s fees.

(b) In a civil action brought under this subtitle, the merchant shall submit proof to the court that the merchant complied with all requirements under § 3–1303 of this subtitle concerning demand letters.

(c) If the merchant prevails in a civil action brought under this subtitle, the merchant shall also be entitled to an award of court costs and reasonable attorney’s fees, to be assessed without regard to the ability of the responsible person to pay.

(d) If the responsible person prevails in a civil action brought under this subtitle, the responsible person shall be entitled to an award of court costs and reasonable attorney’s fees, to be assessed without regard to the ability of the merchant to pay.