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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114077
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Paul: Am I correct that I need only file suit in Maryland courts

Customer Question

Paul: Am I correct that I need only file suit in Maryland courts since that is where I reside AND do the work? Or must I also file in PA as well which to me would make no sense. I do have a security agreement which lists the security interest.
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your new question and for asking for me.

You only need to file in Maryland to get your judgment and upon getting judgment in Maryland if you have any difficulty collecting your judgment in Maryland then and only then would you file the Maryland judgment in PA for recognition and enforcement since the company is located in PA physically as well as in Maryland.
Customer: replied 3 years ago.

I must be lost. I thought that if I had a signed Security Interest that I would not even have to go through court. Sorry. Lot on my mind so I am a bit confused.

Customer: replied 3 years ago.

Paul. I DO have a Security Interest document that allows me to eize so do I even need to go through the hassle and expense of court?


 

Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your response.

You have a lien, but unless your have a court judgment, all you have is a mechanic's lien which does not allow you to seize property without a court judgment only have a lien on it that to perfect you have to sue over and get a judgment in the court as only the court can order the seizure of property.
Customer: replied 3 years ago.

Then that is different from what I understood which I am sure is my fault. I had thought that you said if I had a Security Interest doc signed by them that I could enforce my lien and take back the property covered in the UCC. Once you reply, I will accept. Not the answer I was hoping for though. But I can just go through a Maryland Court? The owners would then have to come to Maryland? Is that correct?

Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your response.

In your document, I did not recall you saying that it stated that it would allow seizure without court process. If it does you do not need to go to court to seize the property, but if your document does not give right to seize the property without court, then the security interest document would simply be filed with the recorder of property records, but to foreclose on that security interest you have to file suit in court.