An Act To Improve Disclosure Procedures
Maine Legislature, Session 127, LD 0451
Committee: Judiciary
Sponsors: KATZ
Amends: 14 MRSA §3126-A, 14 MRSA §3134, 14 MRSA §3135

Legislative Document 
No. 451 
S.P. 180 
In Senate, February 24, 2015 
An Act To Improve Disclosure Procedures 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator KATZ of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §3126-A, sub-§8 is enacted to read: 
8.  Order to Department of Labor.  When it is shown upon ex parte motion and 
affidavit that the judgment debtor has failed to timely make 2 or more payments required 
by an installment payment order under this section, the court shall order the Department 
of Labor to provide the judgment creditor with the name and address of the current or 
most recent employer of the judgment debtor, if any, together with the date the employer 
last reported wage information concerning the judgment debtor. 
Sec. 2.  14 MRSA §3134, sub-§2, as repealed and replaced by PL 2013, c. 150, 
§1, is amended to read: 
2.  Alternative methods.  Prior to February 15, 2016, instead Instead of requesting a 
civil order of arrest pursuant to subsection 1: 
A.  The judgment creditor may request the court to issue an order for appearance, and 
the court shall order the debtor to appear in court at a certain date and time for further 
disclosure proceedings.  This order must be served upon the debtor in hand by the 
sheriff, who shall obtain from the debtor a personal recognizance bond to appear in 
court at the specified date and time; or 
B.  The creditor may proceed by way of a motion for contempt for failure to appear.  
This motion must be served upon the debtor with a contempt subpoena in the manner 
set forth in section 3136.  If the debtor, after being duly served with a contempt 
subpoena, fails to appear at the time and place named in the contempt subpoena, the 
court may find the debtor in civil contempt and shall issue a civil order of arrest 
under section 3136, subsection 4 or, at the creditor's request, shall issue an order for 
appearance pursuant to paragraph A. 
Beginning February 15, 2016, instead of requesting a civil order of arrest, the creditor 
may proceed by way of a motion for contempt for failure to appear.  This motion must be 
served upon the debtor with a contempt subpoena in the manner set forth in section 3136.  
If the debtor, after being duly served with a contempt subpoena, fails to appear at the time 
and place named in the contempt subpoena, the court may find the debtor in civil 
contempt and shall issue a civil order of arrest under section 3136, subsection 4 or, at the 
creditor's request, shall issue an order for the debtor to appear in court at a certain date 
and time for further proceedings.  The order must be served upon the debtor in hand by 
the sheriff, who shall obtain from the debtor the debtor's personal recognizance bond to 
appear in court at the specified date and time. 
Sec. 3.  14 MRSA §3135, 4th ¶, as amended by PL 2013, c. 150, §2, is further 
amended to read: 
If the debtor fails to appear at the time and place specified in a notice of disclosure 
hearing in a small claims action or in a disclosure subpoena or contempt subpoena issued 
pursuant to section 3134, subsection 2 or in a personal recognizance bond obtained by the 
sheriff, clerk or court, and upon request of the judgment creditor, the court shall order the 
Department of Labor to provide the judgment creditor with the name and address of the 
current or most recent employer of the debtor, if any, together with the date the employer 
last reported wage information concerning the debtor and issue an additional civil order 
of arrest pursuant to section 3134 directing the sheriff to cause the debtor named in the 
order to be arrested and delivered to the District Court without obtaining from the debtor 
a personal recognizance bond.  This paragraph is repealed February 15, 2016. 
Sec. 4.  14 MRSA §3135, 6th ¶, as amended by PL 2013, c. 150, §2, is further 
amended to read: 
A debtor admitted to personal recognizance bond under this section or section 3134 
shall date and sign the bond and provide the following information: date of birth, hair 
color, eye color, height, weight, gender, race, telephone number, name of employer, 
address of employer and days and hours of employment.  This paragraph is repealed 
February 15, 2016. 
Sec. 5.  14 MRSA §3135, 9th ¶, as enacted by PL 2013, c. 150, §3, is repealed. 
Sec. 6.  14 MRSA §3135, last ¶, as enacted by PL 2013, c. 150, §3, is repealed. 
SUMMARY 
This bill provides for the removal of the sunset provisions contained in Public Law 
2013, chapter 150.  It clarifies that the amendments made by Public Law 2013, chapter 
apply to small claims court disclosure proceedings and allows the judgment creditor 
to obtain Department of Labor wage information when the judgment debtor has not 
conformed to the requirements of an installment payment order.