An Act To Improve the Process for Recovering Personal Property and for Filing Actions Involving Consumer Credit
Maine Legislature, Session 124, LD 1184
Committee: Judiciary
Sponsors: HASTINGS
Amends: 4 MRSA §155, 14 MRSA §509, 14 MRSA §6012, 14 MRSA §6055, 14 MRSA §7302

Legislative Document 
No. 1184 
In Senate, March 25,2009 
An Act To Improve the Process for Recovering Personal Property 
and for Filing Actions Involving Consumer Credit 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator HASTINGS of Oxford. 
Cesponsor:ed by Representative {)ILL of Cape Elizabeth. 
·Printed on rccydcu paper 
9t8{J~ 
JOY J. O'BRIEN 
-Secretary of the 'Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §155, sub-§2 is amended to read: 
2. Forcible entry and detainer; replevin; trustee process; attacbmem. An action 
for forcible entry and detainer or replevin ffiall must be brought in the division in which 
the property involved is located. -A:FPj Except as otherwise provided in subsection 3-A, an 
action to recover personal property pursuant to Title 14, section 6055, or for replevin, 
may be brought either in the division wh~re a plaintiff or defendant resides, where the 
underlying transaction involving the personal property was made or where any of the 
personal property is located, or to which the court orders the personal property to be 
brought or kept pursuant to Title 14, section 6055, subsection 5. An action commenced 
by trustee process 4al! must be brought in accordance with Title 14, chapter 501. -ARy 
An action involving. attachment ffiall may be brought in the division where the plaintiff 
resides or where the defendant resides or where the property involved is located. 
Sec. 2. 4MRSA §155, sub-§3-A is enacted to read: 
3-A. Consumer transactions. Notwithstanding any other provision of law, an 
action brought against a consumer arising from a consumer credit transaction must be 
filed in accordance with Title 9-A, section 5-113, except that im action brought pursuant 
to Title 32, section 11013, subsection 3, paragraph N must be brought where provided for 
in that paragraph. 
Sec. 3. 14 MRSA §509 is enacted to read: 
§509. Consuiner transactions 
Notwithstanding any other provision of this chapter, an action brought against a 
. consumer arising from a consumer credit transaction must be brought in accordance with 
Title 9-A, section 5~113, except that an action brought pursuant to Title 32: section _ 
11013, subsection 3, paragraph N must be brought where provided for in that paragraph. 
Sec. 4. 14MRSA §510 is enacted to read: 
§510. Replevin 
Except as otherwise provided in section 509, an action for replevin must be brought 
either in the division or county where a piaintiff or defendant resides or where any of the 
personal property is located. 
Sec. 5. 14 MRSA §6012, as amended by PL 2001, c. 133, §§1 and 2, is repealed. 
Sec. 6. 14 MRSA §6055 is enacted to read: 
§6055. Actions to recover personal property 
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1. Action to resolve dispute. If 2 or more persons claim a right in, title to or 
possession of personal property, a claimant may bring a civil action in District Court to 
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resolve a dispute among the claimants. The plaintiff may bring the action by way of 
summary proceeding under subsection 2 o'r plenary proceeding under subsection 9. 
2. Summary proceeding; If an action in subsection 1 is brought as' a summary 
proceeding, the summons mllst state the day when the action is returnable, which may not 
be less than 7 days from the date of service of the -summons, and must notify the 
defendant that in case of the defendant's failure to appear and state a defense on the return 
day, judgment by default will be rendered against the defendant. The defendant may 
appear and defend against the action without filing a responsive pleading. The action 
may not be joined with any other action or claim and a defendant may not file a 
counterclaim. The action may not be removed to Superior Court. At the hearing on the 
action, the plaintiff must support its claim of an interest in or other right to possession of 
the personal property at issue by a preponderance of the evidence. 
3. Discovery. In a summary proceeding, the court may for cause shown allow 
discovery, which may be on an expedited schedule. 
4. Venue. An action under this section may be brought in accordance with Title4, 
section 155. Relocation of the personal property may not be a basis for a change of 
venue. 
5. Court authority. The COUlt has equitable power to make an appr.opriate order in 
relationship to the persOllal property-and the. parties to the action and to compel obedience 
to its j udgIn~nt and orders. A COUIt oi'der under this subsection 111ay include an order 
regarding the location to which the personal propelty mu:st be brought or kept or a 
t1ll110Ver order under section 3131, subsection 1. 
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6. Judgment; issuance of writ of possession. When the defendai1t defaults or 'the 
plaintiff is otherwise entitled to judgment, the COUlt shall render judgment concen1ing the 
possession of the personal property in favor of the plaintiff. The judgment must order the 
turnover of the personal propelty to the plaintiff on such terms as the court (Iii'ects. The 
court may also grant preliminary, interim or other equitable relief upon a sufficient 
showing that the preliminmy, interim 01' other equitable relief is justified. 
Six calendar days after the judgment is entered, the court shall upon request of the 
. plaintiff issue a writ of possession requiring the sheriff or constable to put the plaintiff 
into possession of the plaintiffs persomil property. This subsection does not preclude the 
court from granting preliminalY, interim or other equitable relief. 
. 7. Service and return of writ of possession; contempt. A w-rit of possession is 
returnable within 3 years from the date of issuance. The writ may be served by a sheriff 
or a· constable. 
When a writ of possession has been served on the defendant by a 
constable or sheriff, the defendant must put the sheriff or constable into possession of the 
property within 2 days of the date on which the writ is served upon that defendant or the 
plaintiff may file a motion to have the defendant held in conteJ'npt. A proceeding upon a 
motion for contempt imder this subsection is subject to the Maine Rules of Civil 
Procedure, Rule 66(d) and for the purposes of this proceeding the entry of the judgment 
against the defendant creates a rebuttable presumption 'that the defendant has the ability to 
put the sheriff or constable into possession of the property. 
8. Appeal. An appeal of a judgment or order under this section is governed by Title 
4, section 57 and the Maine Rules of Appellate Procedure. A request to District Court for 
a stay pending appeal is governed by the Maine Rules of Civil Procedure, Rule 62(d). 
9. Plenary proceeding. If an action under this section is brought as a plenary 
proceeding, the Maine Rules of Civil Procedure apply, except that the action may not be 
joined with any other action or claim and a defendant may not file a counterclaim and the 
action may not be removed to Superior Court. 
10. Equitable Remedy. The remedy provided in this section is a remedy in equity 
and is in addition to and not in lieu of another remedy. Except as otherwise required by 
applicable law, there is no righttb a jury trial in any proceeding brought pursuant to this 
section. 
. Sec. 7. 14 MRSA §7302 is repealed and the following.enacted in its place: 
§7302. Venue 
Except as provided in section j09 and in Title 4, section 155, subsection 3-A, an 
action for replevin may be brought in either District Court or Superior Court in the county 
or division where a plaintiff or defendant resides or where any of the personal property 
sought to be replevied is located. 
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Sec. 8. 32 MRS A §11013, sub-§3, 'ijN, as enacted by PL 1985, c. 702,§2, is 
repealed and the following enacted in its place:· 
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N. 
Threatening to bring legal action in the debt collector's own name of instituting a 
suit on behalf of others or furnishing legal advice, except that a debt collector who is 
also an attorney may bririg an action under this paragraph in the name of the creditor 
in any division or county permitted by 15 United States Code, Section 1692i and may 
·fumish legal advice to the creditor with respect to a debt. 
SUMMARY 
Tlus bill creates a new equitable cause of action to resolve disputes over rights in, 
title to or possession of personal property and to diminate the personal property forcible 
entry and detainer action. The new course· of action includes summary process, prompt 
relief and streamlined procedural requirements. 
Tlus bill makes it clear that the remedy of this action is equitable in nature and does 
not entail a right to trial by jury. 
This bill gives the District Court broad discretion in fashioning appropriate equitable 
relief and also makes provisions with respect to discovery and appeals that differ from the 
present practice in forcible entry anddetainer actions. 
The bill aims to clarify where actions to recover personal property must be brought 
by peirnitting replevin actions and actions to recover personal property, in most instances, 
to be brought where any of the property was located; where the contract giving rise to the 
claim was signed or where the plaintiff or the defendant reside at the time suit is brought. 
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The bill requires suit to be brought where relevant consumer protection laws mandate 
when the action involves a consumer credit transaction or other consumer debt. 
Finally, this bill allows a debt collector who is also an attorney to collect a consumer 
debt or provide legal advice with respect to that debt.