An Act To Ease Congestion in the Courts
Maine Legislature, Session 121, LD 0076
Committee: Judiciary
Sponsors: DAVIS
Amends: 14 MRSA §3126, 14 MRSA §4151, 14 MRSA §4651-A, 14 MRSA §4652, 14 MRSA §4654

12lst MAINE LEGISLATURE 
Legislative Document 
No. 76 
H.P.84 
House of Representatives, January 16,2003 
An Act To Ease Congestion in the Courts 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative DAVIS of Falmouth. 
Printed on recycled paper 
/rl~ 
1J7·17Id£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §3126, as amended by PL 1987, c. 184, §8, is 
further amended to read: 
§3126. Fees and costs 
The disclosure subpoena, return of service and 
tHe-~-i-t--e~ 
eHeeat~eB-e~ an attested copy tHe~ee~-sHall of the final judgment 
IDl.!§..t be filed with the clerk, together with a 
filing fee as 
established by the Supreme Judicial Court pursuant to Title 4, 
section 175. 
The fee and actual costs of service sHall must be 
added to the judgment, unless the judgment creditor or His t-he 
judgment creditor's attorney fails to appear in accordance with 
section 3125 or unless the judge orders otherwise. 
Costs of 
service incurred by the creditor, in addition to the filing fee 
and the service of the disclosure subpoena, may be imposed upon 
the judgment debtor or the 3rd party at the discretion of the 
court. 
Sec. 2. 14 MRSA §4151, last" as amended by PL 1999, c. 699, 
Pt. D, §14 and affected by §30, is further amended to read: 
Following the entry of judgment in a civil action and prior 
to 
the 
issaaaee--ef--a--wFit--e~--eHeeatiea--apea--tHe--~~Q~meat 
judgment's becoming final, 
any interest in real or personal 
property, which is not exempt from attachment and execution, may 
be attached by the plaintiff by the filing in the registry of 
deeds for the county in which the property is located, with 
respect to real property, or in the office of the Secretary of 
State, with respect to property of a type a security interest in 
which may be perfected by a filing in such office under Title 11, 
Article 9-A, of an attested copy of the court order awarding 
judgment. 
Fees 
for 
the 
recording of 
the order 
must 
be 
as 
otherwise 
provided 
for 
similar 
documents. 
Notwithstanding 
section 
4454, 
the 
filing 
constitutes 
perfection 
of 
the 
attachment. The party whose property has been so attached must be 
immediately notified by certified letter, mailed by the plaintiff 
to the party I s last known address, which must inform the party 
that an attachment has been filed against the party's real or 
personal property and must specify the registry of deeds or 
office of the Secretary of State in which the attachment has been 
recorded. 
Sec. 3. 14 MRSA §4651-A, as corrected by RR 2001, c. 1, §17, 
is amended to read: 
§4651-A. Judgment liens 
1. 
Lien on real estate. 
The 
filing 
of 
an 
.!ii!al.!.t-..lot.seu;sl..Ct...,e;o.;d~-,c"-,o,,,",pI;!,Yz---'o"-,f~--"a~-",f .... i""n."a...,l"--.."jj--"u,-"d"-,:g"-,-m",,e,,,,n ....... t 
d ul y iss ued by any 
eHeeatiea 
state or 
federal court 
e~ sitting in this State 
er-~-~~~~-eepy 
t:l:ieree~ with a registry of deeds 
wit:l:iiR--&f').-e-~--&~t,e.F--issl:laRee 
e~-~-he--eHeel:lt:ieR--sha-l-l--ereat:e creates a lien in favor of each 
judgment creditor upon the right, title and interest of each 
judgment debtor in all real estate against which a mortgage would 
be duly perfected if filed in the registry 
aRa-~i-Gb---i~-Ret: 
eHemp~-~rem-at:t:aekffieRt:-aRa-eHeel:lt:ieR, subject to any exemption of 
the 
judgment 
debtor's 
residence 
pursuant 
to 
section 
4422, 
subsection 1. 
2. 
Lien on personal property. 
The filing of an eHeel:lt:ieR 
attested copy of a final judgment duly issued by any state or 
federal court 
e~ sitting in this State 
er-~-~~~~-eepy 
t:l:ieree~ in the office of the Secretary of State Wit:l:i-iB--on&--yeaF 
a~t:er-~££~~££-e-~--~h&-eHeel:lt:ieR creates a lien in favor of each 
judgment creditor upon the right, title and interest of each 
judgment debtor in personal property 
wl:iiel:i--i-s--Ret:-~-h:em 
at:t:aekffieR~--and--eHeel:lt:ieR--and--wl:iiel:i.t.h..at is of a 
type against 
which a security interest could be perfected by the filing of a 
financing statement with the office of the Secretary of StateL 
subject 
to 
any 
exemption 
of 
the 
judgment debtor's 
personal 
property pursuant to section 4422. 
3. 
Lien on motor vehicles. 
The filing of an eHeel:lt:ieR 
attested copy of a final judgment duly issued by any state or 
federal court 
e~ sitting in this State 
er-~--a-t~~~-eepy 
t:l:ieree~ where a proof of transfer would be delivered pursuant to 
Title 
29-A, 
section 
665, 
subsection 
1, 
and 
delivery of 
an 
application pursuant to Title 29-A, section 657, wit:l:iia-eRe-yeaF 
a~t:er-~££~~££-e-~--~h&-eHeel:lt:ieR creates a lien in favor of each 
judgment creditor upon the right, title and interest of each 
judgment 
debtor 
in 
any 
motor 
vehicle 
for 
which 
a 
ti tle 
certificate must be obtained pursuant to Title 29-A, chapter 7 L 
subject to any exemption of the judgment debtor's motor vehicle 
pursuant to section 4422, subsection 2. 
4. 
Amount of lien. 
A lien created by this section sl:ia;!,;!, 
must be in the amount sufficient to satisfy the judgment together 
with interest and costs. 
5. 
Notice to judgment debtor. 
A lien created by this 
section becomes void and loses its status as a perfected security 
interest with respect to the right, title and interest of any 
particular 
judgment 
debtor 
and 
with 
respect 
to 
any 
other 
creditors of the judgment debtor unless the judgment creditor 
notifies the judgment debtor by certified or registered mail sent 
to the judgment debtor's last known address on or before the 20th 
day after filing or recording of the existence of the lien. 
The 
notice must contain the following: 
A. 
The fact that a lien has been filed; 
B. 
The date and place the lien was filed; 
C. 
The amount of the judgment and costs as stated in the 
eHee~Eiea judgment; 
D. 
The name of the judgment creditor and attorney, if any, 
including their addresses; and 
E. 
The following statement: 
"To dissolve this lien, please 
contact (the creditor or the creditor's attorney)." 
6. 
Filing 
during 
pendency 
of 
attachment; 
date 
of 
perfection. 
If 
a 
lien created by this section is filed or 
recorded during the pendency of any prejudgment or post-judgment 
attachment 
obtained 
in 
the 
underlying 
civil 
action 
against 
property subject to the lien, the effective date of the lien in 
the property must relate back to the date of perfection of the 
attachment. 
The relation back applies only to that portion of 
the lien up to the amount of the attachment. 
The remainder of 
such a 
lien, 
and the full amount of a 
lien created when no 
attachment is pending, becomes effective and perfected from the 
date of the filing or recording of the eHee~Eiea judgment. 
7. 
Enforcement. 
The lien provided in this section may be 
enforced by a turnover or sale order pursuant to section 3131. 
8. 
Abuse 
of 
lien process. 
A 
creditor 
who 
fails 
to 
discharge 
aa-eKe€~~iea a judgment lien filed against property of 
a debtor that is exempt from attachment and execution is liable 
to the debtor for actual damages suffered as a result of the 
failure to discharge if the debtor gave written notice and proof 
to the creditor that the property filed against is exempt from 
attachment and execution and the creditor failed to discharge the 
eHee~Eiea judgment lien within 15 days after receiving the notice 
and proof. 
A debtor who prevails in an action to recover damages 
under this subsection is entitled to reasonable attorney's fees 
and costs incurred in bringing the action. 
9. 
Duration of lien; renewal. 
A lien created pursuant to 
this 
section 
after 
the 
effective 
date 
of 
this 
subsection 
continues for a period of 20 years from the date of the filing of 
the w~i~-~--&a&e~~iea attested copy of the final judgment or of 
the recording of the wFi~-ef-eHee~~iea attested copy of the final 
judgment in the registry of deeds, unless the judgment is paid, 
discharged or released. 
A lien may be renewed once for a period 
of 20 years from the filing or recording of a-Feaewa±T-~±~ties-et 
a±ias-~j,.t;.-*--eHeea~iea a further attested copy of the final 
judgment in the same manner as the or iginal 
W~iE---o-&--eHee~Eiea 
attested copy of the final judgment was filed or recorded, with 
the same notice as required by subsection 5. 
A. 
If the 
~eBewal--wF~t; further attested copy of the final 
judgment is filed or recorded before the expiration of the 
20-year period of the original 
w~~t;--o-f--eHee\it;~eB attested 
copy 
of 
the 
final 
judgment, 
the 
~eBewal--wFit; further 
attested copy of the final judgment relates back to the date 
that the original 
w~i-1;--o-f--eHee\it;~eB attested copy of the 
final 
judgment 
was 
filed 
or 
recorded 
and 
prevents 
the 
expiration of the lien. 
B. 
A lien created pursuant to this section when the date of 
the recording of the writ of execution in the registry of 
deeds is more than 18 years prior to the effective date of 
this 
subsection 
may 
be 
renewed 
as 
provided 
in 
this 
subsection if the renewal writ or attested copy of the final 
judgment is recorded within 2 years of the effective date of 
this subsection. 
Sec.4. 14 MRSA §4652 is repealed. 
Sec. 5. 14 MRSA §4654 is amended to read: 
§4654. Execution not timely; motion against debtor 
When 
execution 
is 
not 
issued 
wi thin 
the 
1;~me6 
time 
prescribed by 
6ee1;i-~B&-49&6-aBa section 4653, motion against the 
debtor may be made to show cause why execution on the judgment 
should not be 
issued, 
and if no 
sufficient cause is 
shown, 
execution may be issued thereon. 
SUMMARY 
The purpose of this bill is to ease congestion in the courts 
by eliminating the requirement that executions be issued by the 
clerks to initiate disclosure proceedings and to perfect liens. 
Under this bill, attested copies of final judgments of any court 
in the State, 
whether state or federal, 
are used for these 
purposes, 
with 
the 
liens 
subject 
to 
the debtor's 
statutory 
exemptions. 
In addition, this bill repeals the limitation that 
executions issue within one year of final judgment.