An Act To Improve the Process for Recovering Personal Property , Reference to the Committee on Judiciary suggested and ordered printed. I7l~ /J1.1llilC~{
Maine Legislature, Session 124, LD 0784
Committee: Judiciary
Sponsors: DILL, CLEARY, HILL, PRIEST
Amends: 14 MRSA §6012, 14 MRSA §6051-A

Legislative Document 
No. 784 
H.P.535 
House of Representatives, Febmary 26,2009· 
An Act To Improve the Process for Recovering Personal Property 
, Reference to the Committee on Judiciary suggested and ordered printed. 
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/J1.1llilC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DILL of Cape Elizabeth. 
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Cosponsored by Representatives: CLEARY of Houlton, HILL of York, PRIEST of Brunswick. 
Printed on recycled pnper 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §6012, as amended by PL 2001, c.133, §§1 and 2, is repealed. 
Sec. 2. 14 MRSA §6051-A is enacted to read: 
§60S1-A: Suits to recover personal property 
, 1. Suit to resolve dispute. If 2 or more persons claim rights in, title to or possession 
of personal 'Pfoperty, any claimant may bring a civil suit in District Court to resolve a 
dispute among the claimants. The plaintiff has the option of bringing the action by way 
of si.unmary proceeding or plenary proceeding. 
2. Summary proceeding. If the suit is brought as a summary proceeding, the 
summons must 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 
without filing a responsive pleading. The suit may not be joined with any other action or 
claim, nor maya defendant in such a suit file any counterclaim. There may be no 
removal to the Superior Court. 
At the hearing, the plaintiff shall produce the best· 
available evidence under which the plaintiff claims an interest in the personal property. 
The defendant shali then show why possession of the property should not be delivered 
immediately to the plaintiff. 
3. Discovery. No later than 24 hours before the hearing in a summary proceeding, a 
defendant may file a motion for leave to conduct discovery. The motion must state with 
reasonable specificity the information to be sought and the reasons· therefor.. At the 
hearing, prior to taking any evidence, the court shall hear argument on the motion and 
determine whether to permit discovery, whether to allow both sides to conduct discovery, 
. whether to condition discovery on the furnishing of adequate security, the scope of 
discovery and the timetable for discovery and subsequent trial. If the court requires 
security, the defendant has 7 days to comply with the order and so advise the court. If the 
court does not receive certification concerning security within 7 days, the court shaH 
schedule trial for the next time and day on which the court hears such suits. 
4. 
Venue. 
Suit may be brought either in the division where any plaintiff or 
-defendant resides. or where all of the personal property is located. Subsequent relocation 
of the personal property is not a basis for a change of venue. 
S. Court authority. The.courthas equitable power to makeall appropriate orders, 
including but not limited to turnover orders, in relationship to the personal property and 
the parties to the action and to compel obedience to its judgment and orders. The remedy 
provided in this section is a remedy in equity and is in addition to and not in lieu of other 
remedies. 
6. Appeal. Appeals are governed by Title 4, section 57 and the Maine Rules of 
Appellate Procedure. Any request to the District Court for a stay pending appeal is 
governed by the Maine Ru1es of Civil Procedure,' Rule 62( d). 
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.7. Rules. If the suit is brought as a plenary proceeding, the Maine Rules of Civil 
Procedure apply, except as otherwise provided by statute. If the suit· is brought as a 
summary proceeding, the suit is governed by rules, consistent with this section, adopted 
by the Supreme Judicial CoUrt. 
SUMMARY 
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This bill creates a new equitable cause of action to resolve disputes over rights in title 
to or possession of personal property and eliminates the "personal property forcible entry 
and detainer" action. Like the existing action of forcible entry and detainer, this cause of 
action retains summary process, prompt relief and streamlined procedural requirements. 
This bill specifies that the new remedy is equitable in nature and th~refore does not entail 
a right to trial by jury. This bill gives to the District Court broad discretion ill fashioning 
appropriate equitable relief. Finally, the bill makes provisions with respect to venue, 
discovery and appeals that differ from the practice in forcible entry and detainer actions.