An Act To Cure an Inconsistency Regarding Judgment Liens
Maine Legislature, Session 122, LD 0491
Committee: Judiciary
Sponsors: DAVIS, CARR, SNOWE-MELLO
Amends: 14 MRSA §4651-A

Legislative Document 
No. 491 
H.P.366 
House of Representatives, February 1,2005 
An Act To Cure an Inconsistency Regarding Judgment Liens 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative DAVIS of Falmouth. 
'7J1~ 111· 7l!D£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: CARR of Lincoln, Senator: SNOWE-MELLO of 
Androscoggin. 
Printed on ra:ycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §4651-A, sub-§I, as enacted by PL 1987, c. 
184, §23, is amended to read: 
1. 
Lien on real estate. 
The filing of an execution duly 
issued by aRY £ court of this State or an attested copy thereof 
wi th a registry of deeds wi thin eRe-yea~ 3 years after issuance 
of the execution ssal-l--€-£eat.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 and wsies ~ 
is not 
exempt from attachment and execution. 
Sec. 2. 14 MRSA §4651-A, sub-§2, as amended by PL 1999, c. 
699, Pt. D, §15 and affected by §30, is further amended to read: 
2. 
Lien on personal property. 
The filing of an execution 
duly issued by aRY 
Q 
court of this State or an attested copy 
thereof in the office of the Secretary of State within eRe-yea~ 1 
years after issuance of the execution creates a lien in favor of 
each judgment creditor upon the right, title and interest of each 
judgment debtor in personal property wsies that is not exempt 
from attachment and execution and wsies that 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 State. 
Sec. 3. 14 MRSA §4651-A. sub-§3, as amended by PL 1995, c. 65, 
Pt. 
A, 
§41 and affected by §153 
and Pt. 
C, 
§15, 
is further 
amended to read: 
3. 
Lien on motor vehicles. 
The filing of an execution duly 
issued by aRY Q court of this State or an attested copy thereof 
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, 
within 
eRe--ye-a~ 3 years 
after issuance of the execution 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 
title 
certificate must be obtained pursuant to Title 29-A, chapter 7. 
Sec. 4. 14 MRSA §4651-A, sub-§10 is enacted to read: 
10. 
Validation of liens. 
Subkct to subsections 5, 8 and 
9, a lien filed pursuant to subsection L 
or 3 is valid and 
enforceable if the execution was issued on or after September 2~ 
1995 and the lien was filed within 3 years of the issuance of the 
execution. 
Page l-LR2009 (1) 
SUMMARY 
This bill corrects an inconsistency in the laws governing 
execution liens created when the duration of writs of execution 
was extended from one year to 3 years but the period during which 
these writs could be used to create judgment liens was left at 
one year. 
This bill corrects the inconsistency by extending the period 
during which an execution of a 
lien on real estate, personal 
property or motor vehicles may be filed from 
one year to 
years. 
This bill also provides that any lien that conforms to 
the requirements regarding notice and duration is valid for 
years if notice of execution was filed after September 19, 1995, 
the effective date of the creation of the inconsistency, 
and 
within 3 years of the issuance of the execution.