reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 4: BONDS › 14 §3804. New judgment on bond; costs (REPEALED)

§3804. New judgment on bond; costs
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 4: BONDS › 14 §3805. No bond where willful trespass; oath (REPEALED)

§3805. No bond where willful trespass; oath
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 5: SUPPORT OF DEBTORS IN JAIL › 14 §3851. Support by creditor (REPEALED)

§3851. Support by creditor
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 5: SUPPORT OF DEBTORS IN JAIL › 14 §3852. Adjustment of price of support (REPEALED)

§3852. Adjustment of price of support
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 6: TAX CASES › 14 §3901. Persons arrested for taxes and officers for noncollection deemed poor debtors (REPEALED)

§3901. Persons arrested for taxes and officers for noncollection deemed poor debtors
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 7: CONTRACT ACTIONS › 14 §3951. No body executions on contracts (REPEALED)

§3951. No body executions on contracts
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 8: DEBTORS TO THE STATE › 14 §4001. State debtor may apply to Justice of Superior Court (REPEALED)

§4001. State debtor may apply to Justice of Superior Court
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 8: DEBTORS TO THE STATE › 14 §4002. Power to release debtor (REPEALED)

§4002. Power to release debtor
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 8: DEBTORS TO THE STATE › 14 §4003. Release or discharge of debt on payment or security of part (REPEALED)

§4003. Release or discharge of debt on payment or security of part
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 8: DEBTORS TO THE STATE › 14 §4004. Compliance by jailer (REPEALED)

§4004. Compliance by jailer
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 8: DEBTORS TO THE STATE › 14 §4005. Record of adjudication (REPEALED)

§4005. Record of adjudication
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 8: DEBTORS TO THE STATE › 14 §4006. Power of county commissioners (REPEALED)

§4006. Power of county commissioners
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 8: DEBTORS TO THE STATE › 14 §4007. Application to take oath; notice (REPEALED)

§4007. Application to take oath; notice
(REPEALED)
SECTION HISTORY
PL 1971, c. 408, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 9: EXEMPTIONS › 14 §4051. Holidays

§4051. Holidays
No person shall be arrested in a civil action, on mesne process, or execution or on a warrant for taxes on any legal holiday. On the day of any military training, inspection, review or election, no officer or soldier required by law to attend the same shall be arrested on any such processes.   [PL 1971, c. 408, §4 (AMD).]
SECTION HISTORY
PL 1971, c. 408, §4 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 505: ARRESTS › Subchapter 9: EXEMPTIONS › 14 §4052. Election days

§4052. Election days
No elector shall be arrested, except for treason, felony or breach of the peace, on the days of election of United States, state or town officers.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 1: GENERAL PROVISIONS › 14 §4101. Attachment by counterclaim, cross-claim or 3rd party

§4101. Attachment by counterclaim, cross-claim or 3rd party
Attachment of real estate, goods and chattels, or other property may be made by a party bringing a counterclaim, a cross-claim or a 3rd party complaint in the same manner as upon an original claim. For purposes of applicable statutes, the word "plaintiff" shall refer to the party to the action who makes the attachment and the word "defendant" shall refer to the party to the action whose property is attached.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 1: GENERAL PROVISIONS › 14 §4102. Subsequent attachments

§4102. Subsequent attachments
After service of the summons and complaint upon the defendant, the court on motion without notice may for cause shown order an additional attachment of real estate, goods and chattels on other property.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4151. Property subject to attachment

§4151. Property subject to attachment
All goods and chattels may be attached and held as security to satisfy the judgment for damages and costs which the plaintiff may recover, except such as, from their nature and situation, have been considered as exempt from attachment according to the principles of the common law as adopted and practiced in the State, and such as are hereinafter mentioned. Such personal property may be attached on writs issued by the District Court in any division, when directed to the proper officer.
Following the entry of judgment in a civil action and prior to the issuance of a writ of execution upon the judgment, any interest in real or personal property, which is not exempt from attachment and execution, may be attached by the plaintiff by the filing in the registry of deeds for the county in which the property is located, with respect to real property, or in the office of the Secretary of State, with respect to property of a type a security interest in which may be perfected by a filing in such office under Title 11, Article 9-A, of an attested copy of the court order awarding judgment. Fees for the recording of the order must be as otherwise provided for similar documents. Notwithstanding section 4454, the filing constitutes perfection of the attachment. The party whose property has been so attached must be immediately notified by certified letter, mailed by the plaintiff to the party's last known address, which must inform the party that an attachment has been filed against the party's real or personal property and must specify the registry of deeds or office of the Secretary of State in which the attachment has been recorded.   [PL 1999, c. 699, Pt. D, §14 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]
SECTION HISTORY
PL 1985, c. 187, §1 (AMD). PL 1999, c. 699, §D14 (AMD). PL 1999, c. 699, §D30 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4152. Property kept where found; owner's bond

§4152. Property kept where found; owner's bond
Personal property attached may be kept upon the premises where the same is found and the attaching officer may appoint a keeper thereof. If the owner of said property or the occupant of said premises requests the officer in writing to remove said keeper, the officer shall remove the property attached or the keeper without unreasonable delay. If the defendant in writing requests the officer making the attachment to allow said property attached to remain upon the premises where found until he may give a bond dissolving said attachment, the officer shall not remove said property until the defendant has had a reasonable opportunity to give said bond.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4153. Attachment of hay and animals

§4153. Attachment of hay and animals
When hay in a barn, horses or neat cattle are attached and are suffered to remain by permission of the officer in the defendant's possession on security given for their safekeeping and delivery to the officer, they are not subject to a 2nd attachment to the prejudice of the first.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4154. Optional method of attachment

§4154. Optional method of attachment
Any interest in real or personal property, which is not exempt from attachment and execution, may be attached by the plaintiff by the filing in the registry of deeds for the county in which the property is located, with respect to real property, or in the office of the Secretary of State, with respect to property of a type a security interest in which may be perfected by a filing in such office under Title 11, Article 9-A, of an attested copy of the court order approving the real or personal property attachment, provided that the order is filed within 30 days after the order approving the attachment, or within such additional time as the court may allow upon a timely motion. Fees for the recording of the order must be as otherwise provided for similar documents. Notwithstanding section 4454, the filing constitutes perfection of the attachment and service of a copy of the court's order must be made upon the defendant in accordance with the Maine Rules of Civil Procedure pertaining to service of writs of attachment.   [PL 1999, c. 699, Pt. D, §16 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]
SECTION HISTORY
PL 1965, c. 306, §§30-A (AMD). PL 1981, c. 279, §5 (AMD). PL 1983, c. 125, §3 (RPR). PL 1985, c. 187, §2 (AMD). PL 1999, c. 699, §D16 (AMD). PL 1999, c. 699, §D30 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4155. Shares in a corporation (REPEALED)

§4155. Shares in a corporation
(REPEALED)
SECTION HISTORY
PL 1965, c. 306, §31 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4156. Franchise and other corporate property

§4156. Franchise and other corporate property
The franchise and all right to demand and take toll and all other property of a corporation may be attached on mesne process, and the attaching officer shall serve an attested copy of the writ of attachment upon the corporation in the same manner as other process.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4157. Successive attachments

§4157. Successive attachments
Successive attachments in one or more counties may be made upon the same writ of attachment by the same or different officers before service of the summons upon the person whose property is attached; but none after such service except on order of the court on motion without notice and for cause shown. Personal property attached on process may be subsequently attached by a different officer, who shall furnish the last preceding attaching officer with a copy of the precept within a reasonable time.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4158. Replevin of property attached and claimed by non-party to action; sale

§4158. Replevin of property attached and claimed by non-party to action; sale
When personal property, attached on mesne process, is claimed by a person not a party to the action, he may replevy it within 10 days after notice given him therefor by the attaching creditor, and not afterwards. After that, the attaching officer, without impairing the rights of such person, at the request and on the responsibility of the plaintiff and with consent of other attaching creditors, if any, may sell it at auction as on execution, unless the debtor claims it as his and forbids the sale.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4159. Effect of creditor's failure to recover judgment

§4159. Effect of creditor's failure to recover judgment
If the attaching creditor, after having paid the amount ordered by the court, does not recover judgment, he may nevertheless hold the property until the debtor has repaid with interest the amount so paid.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4160. Restriction of right to attach replevied goods

§4160. Restriction of right to attach replevied goods
Goods, taken by replevin from an attaching officer, shall not be further attached as property of the original defendant in any other manner than that provided in sections 4202 and 4203, so long as they are held by the person who replevied them or by any one holding under him, unless the original defendant has acquired a new title to the goods.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 2: DEATH OR REMOVAL OF ATTACHING OFFICER › 14 §4201. Attached goods not assets of deceased officer's estate

§4201. Attached goods not assets of deceased officer's estate
Personal property, attached by an officer and in his possession, and his claim for damages when it is taken from him remain subject to such attachment in case of his death, as if he were alive, and are not assets belonging to his estate.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 2: DEATH OR REMOVAL OF ATTACHING OFFICER › 14 §4202. Replevied goods liable to further attachments

§4202. Replevied goods liable to further attachments
The property described in section 4201 replevied from the officer is liable to further attachments as if in his possession. If there is judgment for a return in the replevin action, the plaintiff and his sureties are liable for the whole property or its value, although some attachments were made after the replevin.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 2: DEATH OR REMOVAL OF ATTACHING OFFICER › 14 §4203. Death or removal of officer; further attachments

§4203. Death or removal of officer; further attachments
If an attaching officer dies or is removed from office while the attachment is in force, whether the property was in his possession or not, it and its proceeds may be further attached by any other officer the same as it might have been by the first officer. Such further attachments shall be made by a return setting forth an attachment in common form and by whom the property was previously attached; and if the goods have not been replevied, by leaving a certified copy of the writ of attachment, omitting the declaration and of the return of that attachment, with the former officer if living, or if dead, with his executor or administrator, or if none has been appointed, with the person having possession of the goods; or if the goods have been replevied and the officer who made the original attachment is dead, such copy shall be left with his executors or administrators or with the plaintiff in replevin. The attachment shall be considered as made when such copy is delivered in either of the modes described.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 3: MORTGAGED OR PLEDGED PROPERTY › 14 §4251. Attachment of encumbered personal property

§4251. Attachment of encumbered personal property
Personal property not exempt from attachment, which is subject to a security interest or which has been mortgaged, pledged or subject to any lien created by law and of which the debtor has the right of redemption, may be attached, held and sold as if unencumbered, subject to sections 4159 and 4252 to 4256.   [PL 1967, c. 213, §5 (AMD).]
SECTION HISTORY
PL 1967, c. 213, §5 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 3: MORTGAGED OR PLEDGED PROPERTY › 14 §4253. Claimant to account within 10 days after notice; false account

§4253. Claimant to account within 10 days after notice; false account
The officer may give the claimant written notice of his attachment. If he does not within 10 days thereafter deliver to the officer a true account of the amount due on his claim, he thereby waives the right to hold the property thereon as against the attaching creditor. If his account is false, he forfeits to the creditor double the amount of the excess, to be recovered in a civil action.   [PL 1967, c. 213, §7 (AMD).]
SECTION HISTORY
PL 1967, c. 213, §7 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 3: MORTGAGED OR PLEDGED PROPERTY › 14 §4254. Validity of claim established

§4254. Validity of claim established
If, upon examination held under section 4252, it appears that the security interest, mortgage, pledge or lien is valid, the court, having first ascertained the amount justly due upon it, may direct the attaching creditor to pay the same to the claimant or his assigns within such time as it orders. If he does not pay or tender the amount within the time prescribed, the attachment shall be vacated and the property shall be restored. If the attaching creditor pays or tenders the amount directed to be paid within such time and the claimant or his assigns fail to immediately assign such security interest, mortgage, pledge or lien to the attaching creditor, the claimant or his assigns shall be estopped from claiming any interest in such attached goods by virtue of his security interest, mortgage, pledge or lien.   [PL 1967, c. 213, §8 (AMD).]
SECTION HISTORY
PL 1967, c. 213, §8 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 3: MORTGAGED OR PLEDGED PROPERTY › 14 §4255. Validity of mortgage tried before jury; costs (REPEALED)

§4255. Validity of mortgage tried before jury; costs
(REPEALED)
SECTION HISTORY
PL 1967, c. 213, §9 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 3: MORTGAGED OR PLEDGED PROPERTY › 14 §4256. Disposition of proceeds of sale

§4256. Disposition of proceeds of sale
When the attaching creditor has paid to the claimant or his assigns the amount ordered by the court, the sheriff after making the sale shall pay to the creditor, and the creditor may retain out of the proceeds of the property attached, when sold, the amount so paid with interest, and the balance shall be applied to the payment of his debt.   [PL 1967, c. 213, §10 (AMD).]
SECTION HISTORY
PL 1967, c. 213, §10 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 4: PROPERTY OF PART OWNERS › 14 §4301. Property of part owners; attachment; disposal

§4301. Property of part owners; attachment; disposal
When personal property is attached in a civil action against one or more part owners thereof, at the request of another part owner, it shall be appraised as provided, one appraiser to be chosen by the creditor, one by the officer and the other by the requesting part owner. Thereupon it shall be delivered to such part owner on his giving bond to the officer with 2 sufficient sureties, conditioned to restore it in like good order, pay the appraised value of the defendant's share therein or satisfy all judgments recovered in the attaching actions, if demanded within the time during which it would be held by the attachments. Such bond shall be returned with the writ of attachment with the doings of the officer thereon.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 4: PROPERTY OF PART OWNERS › 14 §4302. Payment; part owner's lien; attachment dissolved

§4302. Payment; part owner's lien; attachment dissolved
If any part of such appraised value is so paid, the defendant's share of the property is thereby pledged to the party paying. If not redeemed, he may sell it and account to the defendant for the balance, if any. If the attachment is dissolved, he shall restore such share to the defendant or to the attaching officer for him.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 5: SALES OF ATTACHED PROPERTY › 14 §4351. Sale of attached personal property

§4351. Sale of attached personal property
When personal property is attached, the officer, by consent of the debtor and creditor, may sell it on the writ of attachment before or after filing in court, observing the directions for selling on execution. If it is attached by different officers, it may be so sold by the first attaching officer; or in case of his death, if he was a deputy sheriff, by the sheriff or another deputy by written consent of the debtor and all attaching creditors. The proceeds, after deducting necessary expenses, shall be held by the officer making the sale, subject to the successive attachments as if sold on execution.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 5: SALES OF ATTACHED PROPERTY › 14 §4352. Perishable goods; sale without consent

§4352. Perishable goods; sale without consent
When personal property liable to perish, be wasted, greatly reduced in value by keeping or be kept at great expense is attached, and the parties do not consent to a sale thereof, the same may be ordered sold either before or after entry of the action, in accordance with sections 4158 and 4353 to 4355.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 5: SALES OF ATTACHED PROPERTY › 14 §4353. Petition for sale; order

§4353. Petition for sale; order
Either party may, on motion to the court setting forth the reasons therefor, petition the court to order the expeditious sale of the attached property. After such notice as the court may order and hearing on the motion, the court may, in its discretion, order the attached property to be sold and the proceeds held as security for the claim involved. As a part of its order, the court may impose such restrictions and conditions as it deems necessary for the conduct of such sale, the protection of lienors, the furnishing of bonds for the protection of the interests of any party, and to protect the interest of the attaching creditor and debtor.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 5: SALES OF ATTACHED PROPERTY › 14 §4354. Proceeds attached in hands of officers; surplus

§4354. Proceeds attached in hands of officers; surplus
The proceeds of such property sold by order of court may be further attached by the officer as property of the defendant while remaining in his hands; and held and disposed of as if the property itself had been attached; but after retaining enough to satisfy all attachments existing thereon at any time, nothing herein shall prevent his paying the surplus to the debtor.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 5: SALES OF ATTACHED PROPERTY › 14 §4355. Right of priority in case of sale preserved

§4355. Right of priority in case of sale preserved
When goods which are sold by order of court in the manner provided have been attached by several creditors, any one of them may demand and receive satisfaction of his judgment, notwithstanding any prior attachments, if he is otherwise entitled to demand the money and a sufficient sum is left of the proceeds of the goods or of their appraised value to satisfy all prior attachments.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 6: EXEMPTIONS › 14 §4401. Items exempt (REPEALED)

§4401. Items exempt
(REPEALED)
SECTION HISTORY
PL 1967, c. 412, §§2,3 (AMD). PL 1967, c. 496 (AMD). PL 1973, c. 377, §2 (AMD). PL 1973, c. 512, §1 (AMD). PL 1977, c. 453, §§1-3 (AMD). PL 1981, c. 431, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 6: EXEMPTIONS › 14 §4402. Debtor's interest exceeding interest exempt (REPEALED)

§4402. Debtor's interest exceeding interest exempt
(REPEALED)
SECTION HISTORY
PL 1977, c. 453, §4 (NEW). PL 1981, c. 431, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 7: EXEMPTIONS › 14 §4421. Definitions

§4421. Definitions
As used in this article, unless the context otherwise indicates, the following words have the following meanings.   [PL 1981, c. 431, §2 (NEW).]
1.  Dependent.
"Dependent" includes a spouse, whether or not actually dependent.
[PL 1981, c. 431, §2 (NEW).]
1-A.  Debtor.
"Debtor" means an individual debtor.
[PL 1983, c. 125, §4 (NEW).]
2.  Value.
"Value" means fair market value as of the date of the attachment or, in a proceeding under the United States Code, Title 11, the date of the filing of the petition.
[PL 1981, c. 431, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 431, §2 (NEW). PL 1983, c. 125, §4 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 7: EXEMPTIONS › 14 §4423. Exempt property acquired within 90 days

§4423. Exempt property acquired within 90 days
Notwithstanding section 4424, if within 90 days of the attachment, or, in a proceeding under the United States Code, Title 11, the date of the filing of the petition, the debtor transfers his nonexempt property and as a result acquires, improves or increases in value property otherwise exempt under section 4422, his interest shall not be exempt to the extent that the acquisition, improvement or increase in value exceeds the reasonable needs of the debtor or his dependents.   [PL 1983, c. 480, Pt. A, §9 (AMD).]
SECTION HISTORY
PL 1981, c. 431, §2 (NEW). PL 1983, c. 480, §A9 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 7: EXEMPTIONS › 14 §4424. Interest in excess of exemption

§4424. Interest in excess of exemption
1.  Forced sale.
If the debtor's interest in any property exempt under section 4422 exceeds the exempt amount, the whole of the property may be sold.
[PL 1981, c. 431, §2 (NEW).]
2.  Distribution of proceeds.
The proceeds of a sale under subsection 1 shall be distributed in the following order:
A. To the debtor in the amount of his exempt interest;   [PL 1981, c. 431, §2 (NEW).]
B. To the creditor attaching or executing on the property; and   [PL 1981, c. 431, §2 (NEW).]
C. To the debtor, the balance of the proceeds.   [PL 1981, c. 431, §2 (NEW).]
[PL 1991, c. 431, §2 (NEW).]
3.  Exception for residence.
With respect to a residence in which the debtor has an exempt interest, the debtor may designate as exempt from sale under subsection 1 any part of the residence having a value not in excess of the amount of his exemption.
[PL 1981, c. 431, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 431, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 7: EXEMPTIONS › 14 §4425. Exceptions

§4425. Exceptions
1.  Residence.
The debtor's interest in a residence shall not be exempt from claims secured by real estate mortgages on or security interests in the residence or claims of lien creditors under Title 10, chapter 603.
[PL 1981, c. 431, §2 (NEW).]
2.  Other property.
The debtor's interest in other property shall not be exempt from claims secured by purchase money security interests in the property, except that the debtor's interest in property otherwise exempt under section 4422, subsections 8 and 9 shall not be exempt from claims secured by security interests in the property.
[PL 1981, c. 431, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 431, §2 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 2: PERSONAL PROPERTY › Article 7: EXEMPTIONS › 14 §4426. Exemptions in bankruptcy proceedings

§4426. Exemptions in bankruptcy proceedings
Notwithstanding anything to the contrary in 11 United States Code, Section 522(b), a debtor may exempt from property of the debtor's estate under 11 United States Code only that property exempt under 11 United States Code, Section 522(b)(3)(A) and (B), except that any debtor eligible for a residence exemption under section 4422, subsection 1, paragraph A-1 may exempt the amount allowed in that paragraph.   [PL 2021, c. 382, §3 (AMD).]
SECTION HISTORY
PL 1981, c. 431, §2 (NEW). PL 1989, c. 286, §2 (AMD). PL 2011, c. 203, §1 (AMD). PL 2021, c. 382, §3 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4451. Real estate and interests subject to attachment

§4451. Real estate and interests subject to attachment
All real estate liable to be taken on execution as provided in chapter 403; the right to cut and carry away grass and timber from land sold by this State or Massachusetts, the soil of which is not sold and all other rights and interests in real estate may be attached on mesne process and held to satisfy the judgment recovered by the plaintiff, but the officers need not enter on or view the estate to make such attachment.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4452. Writ of attachment from District Court

§4452. Writ of attachment from District Court
If a District Court has jurisdiction in any action, real estate and interests in real estate attachable on writs of attachment from the Superior Court may be attached on writs of attachment or taken on executions from such court.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4453. Attachment of right of redemption

§4453. Attachment of right of redemption
When a right of redeeming real estate mortgaged or taken on execution is attached and such estate is redeemed or the encumbrance removed before the levy of the execution, the attachment holds the premises discharged of the mortgage or levy, as if they had not existed.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4454. Recording necessary to validity; claim specified in writ; seizure on execution; lien

§4454. Recording necessary to validity; claim specified in writ; seizure on execution; lien
No attachment of real estate on mesne process creates any lien thereon, unless the nature and amount of plaintiff's demand is set forth in the complaint or specifications therein or account annexed thereto, nor unless the officer making it within 5 days thereafter files in the office of the register of deeds in the county or district in which some part of said estate is situated an attested copy of so much of his return on the writ of attachment as relates to the attachment, with the value of the defendant's property which he is thereby commanded to attach, the names of the parties, the date of the writ of attachment and the court to which it is returnable. If the copy is not so filed within 5 days, the attachment takes effect from the time it is filed, although it is after service on the defendant, if before the time he is required to serve his answer. No seizure of real estate on execution, where there is no subsisting attachment thereof made in the action in which such execution issues, creates any lien thereon, unless the officer making it within 5 days thereafter files in the office of the register of deeds in the county or district in which some part of said estate is situated an attested copy of so much of his return on said execution as relates to the seizure, with the names of the parties, the date of the execution, the amount of the debt and costs named therein and the court by which it was issued. If the copy is not so filed, the seizure takes effect from the time it is filed. Such proceedings shall be had in such office by the register of deeds, as are prescribed in Title 33, chapter 11. All recorded deeds take precedence over unrecorded attachments.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4455. Action ineffectual against nonparty until attachment recorded

§4455. Action ineffectual against nonparty until attachment recorded
No action in which the title to real estate is involved is effectual against any person not a party thereto or having actual notice thereof until either:
1.  Attachment made and recorded.
An attachment of such real estate is duly made and recorded in the registry of deeds, in and for the county or district in which such real estate is situated, in the same manner as attachments of real estate in other actions are now recorded; or
2.  Certificate recorded.
A certificate setting forth the names of the parties, the date of the complaint and the filing thereof and a description of the real estate in litigation as described in said complaint, duly certified by the clerk of courts in and for the county where said complaint is pending is recorded in the registry of deeds in the county or district in which such real estate is situated.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4456. Redemption or payment where right of redemption or contract for conveyance attached

§4456. Redemption or payment where right of redemption or contract for conveyance attached
When a right to redeem real estate under mortgage, levy, sale on execution or for taxes or a right to a conveyance by contract is attached, the plaintiff in the action, before or after sale on execution, may pay or tender to the person entitled thereto the amount required to discharge such encumbrance or fulfill such contract. Thereby the title and interest of such person vest in the plaintiff subject to the defendant's right to redeem. Such redemption by the defendant or any person claiming under him by a title subsequent to the attachment shall not affect such attachment, but it shall continue in force and the prior encumbrance as against it shall be deemed discharged.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 1: GENERAL PROVISIONS › 14 §4457. Mortgagee or contractor to indicate sum due and release on payment

§4457. Mortgagee or contractor to indicate sum due and release on payment
Such person, on written demand, shall give the plaintiff a true written statement of the amount due him; and on payment or tender thereof shall release all his interest in the premises; and if he refuses, he may be compelled to do so in a civil action seeking equitable relief. Such release shall recite that under authority of this section and section 4456 the plaintiff had attached the premises and paid or tendered the amount due the grantor. The plaintiff shall thereupon hold such title in trust for the defendant, and subject to his right of redemption, without power of alienation until after one year from the termination of said action, or from the sale of the equity on any execution recovered therein.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 2: DEATH OF PARTY › 14 §4501. Attachments survive death of plaintiff

§4501. Attachments survive death of plaintiff
When a plaintiff dies before the expiration of 60 days from the rendition of judgment in his favor, or before the expiration of 60 days after the clerk of courts in the county where the action is pending receives a certificate of decision from the law court ordering final judgment for the plaintiff, and no suggestion of death has been made upon the docket of said courts, execution may issue as is now provided and all attachments then in force continue for 90 days thereafter.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 2: DEATH OF PARTY › 14 §4502. Attachments dissolved by death of insolvent

§4502. Attachments dissolved by death of insolvent
The attachment of personal property continues in force after the death of the debtor as if living, unless before a sale thereof on execution his estate is decreed insolvent; but it is dissolved by such decree, and the officer, on demand thereafter, shall restore such property to the executor or administrator on payment of his legal fees and charges of keeping.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 2: DEATH OF PARTY › 14 §4503. Liability of officer selling before demand; setoff prohibited

§4503. Liability of officer selling before demand; setoff prohibited
If, after such decree and before such demand, the officer has sold the property on execution, he is liable to the executor or administrator in a civil action, for the proceeds, if in his hands; but if paid over to the judgment creditor, such creditor is so liable, and he shall not set off any demand which he has against the executor or the administrator or against the estate of the deceased.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 2: DEATH OF PARTY › 14 §4504. Appraisal of attached property

§4504. Appraisal of attached property
After the death of a defendant and before a decree of insolvency on his estate, the executor or administrator may demand of the attaching officer a certified copy of his return on the writ of attachment, with a description of the property attached, so that it may be described in the inventory of the estate subject to the attachment, and the appraisers may demand a view thereof so as to appraise it. If the officer fails to comply with either demand, he forfeits to the executor or administrator not less than $10 nor more than $30.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 2: DEATH OF PARTY › 14 §4505. Actions by officers for attached goods do not abate by party's death

§4505. Actions by officers for attached goods do not abate by party's death
An action, brought by an officer for taking from him personal property attached by him, does not abate by the death of either party, but may be prosecuted by or against his executor or administrator. If the officer is dead and his representative recovers the property or money, it shall be held and applied as if he were alive, but, if he fails to recover, he shall return the property or pay the damages awarded in full, although the estate of the deceased is insolvent.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 2: DEATH OF PARTY › 14 §4506. Continuance of action after officer's death

§4506. Continuance of action after officer's death
If an officer authorized to serve precepts dies pending an action for or against him for official neglect or misconduct and no administration is granted on his estate within 3 months thereafter, the party for whose benefit the action is so prosecuted or defended may carry it on in his own name by entering his appearance and giving security for costs, as the court directs.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 3: EXEMPTIONS › 14 §4551. Homestead exemption (REPEALED)

§4551. Homestead exemption
(REPEALED)
SECTION HISTORY
PL 1973, c. 512, §2 (RPR). PL 1977, c. 453, §5 (AMD). PL 1977, c. 614 (AMD). PL 1979, c. 75, §1 (AMD). PL 1981, c. 431, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 3: EXEMPTIONS › 14 §4552. Exceptions (REPEALED)

§4552. Exceptions
(REPEALED)
SECTION HISTORY
PL 1967, c. 412, §4 (AMD). PL 1969, c. 315, §§1,2 (AMD). PL 1973, c. 512, §3 (RPR). PL 1981, c. 431, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 3: EXEMPTIONS › 14 §4553. Creditors claiming greater value (REPEALED)

§4553. Creditors claiming greater value
(REPEALED)
SECTION HISTORY
PL 1969, c. 315, §3 (AMD). PL 1973, c. 512, §4 (RPR). PL 1977, c. 453, §6 (AMD). PL 1979, c. 75, §2 (AMD). PL 1981, c. 431, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 3: EXEMPTIONS › 14 §4554. Death of householder (REPEALED)

§4554. Death of householder
(REPEALED)
SECTION HISTORY
PL 1973, c. 512, §5 (RPR). PL 1979, c. 540, §19 (RPR). PL 1981, c. 431, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 3: REAL PROPERTY › Article 4: EXEMPTIONS › 14 §4561. Residence exemption

§4561. Residence exemption
Exemptions with respect to residences are governed by subchapter II, Article 7.   [PL 1981, c. 431, §4 (NEW).]
SECTION HISTORY
PL 1981, c. 431, §4 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4601. Duration of attachment

§4601. Duration of attachment
An attachment of real or personal estate continues during the time within which an appeal may be taken from the judgment and during the pendency of any appeal. When a judgment for the plaintiff has become final by expiration of the time for appeal, by dismissal of an appeal or on certificate of decision from the law court, any such attachment shall continue for 60 days; except attachments of real estate taken on execution; or equities of redemption sold on execution; or an obligee's conditional right to a conveyance of real estate sold on execution; or property attached and replevied; or property attached belonging to a person dying thereafter, or specially provided for in any other case.   [PL 1987, c. 184, §21 (AMD).]
In addition to any other provisions of law, attachments of real or personal estates may be enforced and their duration may be extended as provided in sections 3131, 3132 and 4651.   [RR 2021, c. 2, Pt. A, §30 (COR).]
SECTION HISTORY
PL 1981, c. 279, §6 (AMD). PL 1987, c. 184, §21 (AMD). RR 2021, c. 2, Pt. A, §30 (COR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 5: PROVISIONAL REMEDIES; SECURITY › Chapter 507: ATTACHMENTS › Subchapter 4: DISSOLUTION › 14 §4602. Methods of dissolution

§4602. Methods of dissolution
An attachment of real or personal property is dissolved when a judgment for the defendant has become final by expiration of the time for appeal, by dismissal of an appeal or on certificate of decision from the law court; by a decree of insolvency on his estate before a levy or sale on execution; by insolvency proceedings commenced within 4 months as provided in the insolvency law; by a reference of the action and all demands between the parties thereto by a rule of court and judgment on the report of the referees; and by an amendment of the complaint, by consent of parties, so as to embrace a larger demand than it originally did, and judgment for the plaintiff thereon, unless the record shows that no claims were allowed the plaintiff not originally stated in the complaint.