An Act to Reduce Abuse of the Civil Ex Parte Attachment and Trustee Processes
Maine Legislature, Session 131, LD 1459
Committee: Judiciary
Sponsors: LIBBY
Amends: 14 MRSA §2911, 14 MRSA §4103

Legislative Document
No. 1459
S.P. 577
In Senate, March 30, 2023
An Act to Reduce Abuse of the Civil Ex Parte Attachment and 
Trustee Processes
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §2911 is enacted to read:
§2911.  Effect of modification or dissolution of ex parte order
1.  Costs and attorney's fees.  If the court modifies or dissolves an ex parte order of 
attachment on trustee process in response to a motion by any person having an interest in 
goods or credits that have been attached, the court shall order the plaintiff to pay to the 
moving party:
A.  The costs and reasonable attorney's fees incurred by the moving party for the 
motion; and
B.  Interest, at a rate equivalent to the rate of post-judgment interest under section 
1602-C, subsection 1, paragraph B, on the value of the amount of cash, if any, that was 
attached on trustee process pursuant to the ex parte order but that is no longer subject 
to attachment due to the modification or dissolution of that order.  Interest under this 
paragraph accrues from and after the date of entry of the ex parte order of attachment 
on trustee process until the date that the order under this paragraph is fully satisfied.  
On petition of the plaintiff and on a showing of good cause, the court may order that 
interest awarded under this paragraph be fully or partially waived.
2.  Joint and several liability.  If 2 or more plaintiffs joined in the filing of a motion 
for an ex parte order of attachment on trustee process, those plaintiffs are jointly and 
severally liable for any award of costs, reasonable attorney's fees and interest under 
subsection 1.
3.  Prima facie evidence.  An order modifying or dissolving an ex parte order of 
attachment on trustee process in response to a motion by any person having an interest in 
goods or credits that have been attached is prima facie evidence of abuse of process by the 
plaintiff or plaintiffs that filed the motion for the ex parte order of attachment on trustee 
process.
4.  Trustee process on counterclaim, cross-claim or 3rd-party complaint.  If an ex 
parte order for attachment on trustee process was obtained by a party bringing a 
counterclaim, a cross-claim or a 3rd-party complaint, the word "plaintiff" as used in this 
section refers to the party to the action that obtained the ex parte order for attachment on 
trustee process and the word "defendant" as used in this section refers to the party to the 
action whose property was attached.
Sec. 2.  14 MRSA §4103 is enacted to read:
§4103.  Effect of modification or dissolution of ex parte order
1.  Costs and attorney's fees.  If the court modifies or dissolves an ex parte order of 
attachment in response to a motion by any person having an interest in property that has 
been attached, the court shall order the plaintiff to pay to the moving party:
A.  The costs and reasonable attorney's fees incurred by the moving party for the 
motion; and
B. Interest, at a rate equivalent to the rate of post-judgment interest under section 
1602-C, subsection 1, paragraph B, on the value of the amount of cash, if any, that was 
attached pursuant to the ex parte order but that is no longer subject to attachment due 
to the modification or dissolution of that order.  Interest under this paragraph accrues 
from and after the date of entry of the ex parte order of attachment until the date that 
the order under this paragraph is fully satisfied.  On petition of the plaintiff and on a 
showing of good cause, the court may order that interest awarded under this paragraph 
be fully or partially waived.
2.  Joint and several liability.  If 2 or more plaintiffs joined in the filing of the motion 
for an ex parte order of attachment, those plaintiffs are jointly and severally liable for any 
award of costs, reasonable attorney's fees and interest under subsection 1.
3.  Prima facie evidence.  An order modifying or dissolving an ex parte order of 
attachment in response to a motion by any person having an interest in property that has 
been attached is prima facie evidence of abuse of process by the plaintiff or plaintiffs that 
filed the motion for the ex parte order of attachment.
SUMMARY
This bill provides that plaintiffs that obtain an ex parte order of attachment or an ex 
parte order of attachment on trustee process are jointly and severally liable for the court 
costs and reasonable attorney's fees of a person having an interest in goods or credits that 
have been attached and that successfully move for modification or dissolution of the ex 
parte order.  If any amount of cash was attached pursuant to the ex parte order but is no 
longer subject to attachment due to the modification or dissolution of that order, the 
plaintiffs are also jointly and severally liable for interest, calculated at a rate equivalent to 
the general post-judgment interest rate, upon the value of that cash from the date that the 
ex parte order of attachment or attachment on trustee process was granted and through the 
date that the award of interest is fully satisfied.  
The bill also provides that an order modifying or dissolving an ex parte order of 
attachment or an ex parte order of attachment on trustee process constitutes prima facie 
evidence of the common law tort of abuse of process.