Maine judgment records are documents maintained by the state's Judicial Branch containing details of a lawsuit and the court's final decision. In Maine, judgment files are part of a court's official records. Like most Maine court records, Maine courts make judgment records available in electronic and paper formats for public view either remotely or at courthouses.
Maine judgment files bear information such as the names of the defendant and plaintiff in a lawsuit, the case docket number, the date of judgment entry, and the name and signature of the presiding judge. Also, a judgment record must state the case facts, a summary of pleadings, the court's findings, and the court's final decision.
What is a Judgment?
According to the Maine Rules of Civil Procedure, Rule 54, the term "judgment" means "a decree and any order from which an appeal lies." It is the court's explanation, specifying each party's rights in a lawsuit and their respective obligations. For a judgment to be valid, a competent judge has to render a final decision.
Maine Judgment Laws
Maine judgment laws are established under the Maine Rules of Civil Procedure. The rules outline the procedures for parties in a case to collect their judgments legally. They also govern how courts render decisions and enter them into the state's judicial system.
What is Judgment Lien?
When a party wins a lawsuit, they become responsible for collecting their payment from the other party. A judgment lien is a claim on a judgment debtor's property exercised by a judgment creditor to enforce a court's ruling. As stipulated in Maine Revised Statutes Title 14, Chapter 509 §4651-A, a judgment creditor can request a lien on a judgment debtor's real estate, personal property, or vehicle.
Per the law, the creditor must file for the lien within three years after the judgment is entered before a court can create a lien in their favor. Because debtors are liable to pay interests, the amount created from the lien should be sufficient to cover both the debt cost and interest. This type of lien is non-consensual; hence, the creditor is not obligated to inform the debtor before placing a lien on their property. However, under §4651-A(5), they must notify the debtor about the lien by issuing them a notice. The notice must be delivered via certified mail to the debtor's last known address within 20 days of the lien entry.
For the notice to be valid, it must state the fact that a lien was filed, the place of filing, and the date. The notice must state the judgment amount, the names and addresses of the creditor, and their attorney. According to §4651-A(5)(E), valid Maine liens must state, "To dissolve this lien, please contact (the creditor or the creditor's attorney)."
Per §4651-A(9-A), all judgment liens created in Maine after September 1, 2020, will remain valid and attached to the debtor's property for 10 years after its filing. However, the judgment creditor can renew the lien for an additional 10 years.
What is a Maine Summary judgment?
A Maine summary judgment is a final ruling rendered in a state court without a trial. Courts usually reach the decision for a summary judgment when a case party makes a motion and presents sufficient evidence proving that there is no ground for the case to proceed to trial. By law, if a court renders a summary judgment, the moving party is entitled to a ruling in their favor.
Typically, the plaintiff of a lawsuit requests a summary judgment. However, either party (plaintiff and defendant) can move for the decision. A summary judgment can order a party to perform an action or pay money to the other party. Although the ruling is final and the case cannot be heard further in a trial court, a litigant can appeal the judgment in a higher court.
What is A Summary Judgment Motion In Maine?
In Maine, a summary judgment motion is a request by a case party for the court to render a ruling in their favor without a trial. The provisions of the Maine Rules of Civil procedure, Rule 56, outline the state laws for summary judgments. According to the law, any party in a lawsuit seeking to make a claim, cross-claim, or counterclaim, can move for a summary judgment. If the defendant does not respond to the summary judgment motion, the court will rule in the plaintiff's favor.
A litigant can only file for a summary judgment after 20 days have passed from the appearance of both parties (plaintiff and defendant) in a court hearing. The court can either grant or deny the summary judgment. As stated in Rule 56(d), if the court denies the summary judgment, the facts admitted by either party will have no effect at the later trial.
The party against whom a summary judgment is moved can oppose the motion in line with Rule 7(c). They can file a memorandum and present material facts (documents or affidavits) against the motion. However, if the court establishes no genuine ground for the pre-judgment action, it can render the summary judgment against them.
Maine Judgment Record Search
The Maine Judicial Branch offers both on-site (at the courthouse) and electronic access to court records, including judgment records. The Rules of Electronic Court Systems (RECS) govern Maine resident's access to electronic records. Generally, some data are available for public inspection while others are nonpublic. Therefore, three categories of electronic court system record access exist:
- Public records accessible only at courthouses
- Remotely accessible public records
- Records strictly accessible to case parties, their attorneys, and other authorized persons
An individual interested in searching electronic records must log in to the Maine eCourts public portal (Odyssey portal). Inquirers can get more information about using the e-portal through the resource provided on the judicial branch's website.
Furthermore, parties in a lawsuit and their attorneys can get elevated access to specific electronic court records. Elevated access allows them to access all the records about a case. Interested persons can obtain forms and instructions about requesting elevated access to e-case records.
Nevertheless, electronic filing is not available in all Maine courts. Therefore, inquirers must use other means to access the records, like visiting the courthouses to view the requested files or the court clerk's office. Alternatively, a person can ask for copies of court records to be delivered to them via mail. The requester must complete a form and submit it in person or by mail to the Judicial Branch Service Center. Service fees apply for this kind of request, depending on the request type and the length of the report. The record search request form containing instructions and information is available for download.
How Do I Look Up a Judgment In Maine?
To look up a judgment in Maine, an interested person can:
- Search electronic court records - To search electronic records, the inquirer must provide case-specific information such as the traffic citation number or the docket number. An e-search will show the case docket sheet or Registry of Actions for the case.
- Visit the court clerk's record department to see the judgment.
- Use the public access computers at the courthouse to look up judgments.
Inquirers can use the Find a Court tool to obtain the physical addresses and contact information of any court in Maine. The resource also provides the websites of the various courts in the state.
What Happens if You Have a Judgment Against You in Maine?
In Maine, when a court renders a judgment against a party, the losing party becomes the judgment debtor while the winning party becomes the judgment creditor. The judgment debtor will be obligated to comply with the court's orders and pay the other party any amount due.
The judgment creditor is entitled to enforce the court's judgment by taking specific legal actions against the debtor if they refuse to satisfy the court's judgment. Such actions include:
- Seizing the debtor's property
- Placing liens on their real estate
- Causing a suspension of their professional or driver's license
- Wage garnishment.
All of these actions can take a toll on the debtor. However, the debtor has an option of appealing the court's ruling in a higher court. If they can present sufficient evidence during their appeal, the court could overturn their judgment.
How Do I Find Out If I Have Any Judgments Against Me In Maine?
An interested person can find out if any judgment was entered against them in Maine. They can complete a record search request form and submit it via mail or in-person to the Judicial Branch Service Center. Email and fax submissions are not acceptable for this kind of request. Alternatively, they can visit the court clerk's office to ask for that information.
How Long Does A Judgment Stay On Your Record?
Maine judgments are part of courts' permanent records. Therefore, case parties cannot ask courts to remove judgments from their court records. However, if a debtor satisfies a judgment or the statute of limitations expires, the judgment will no longer appear on their credit report. Generally, judgments do not appear on credit reports 7 years after entry.
How To Enforce A Judgment In Maine
After a Maine court renders a judgment, the winning party has the authority to retrieve property or money from the judgment debtor. The losing party may pay up immediately. However, if the judgment debtor does not pay voluntarily, the creditor can enforce the court's ruling by taking specifications prescribed by law.
For example, according to the Maine Revised Statutes, Title 14 Chapter 502§3122, a judgment creditor can obtain a subpoena from the court clerk ordering the debtor to appear in court for a disclosure hearing. The debtor will be required to declare their income, assets or provide other documents to enable the creditor to enforce the judgment. The court can order their arrest or mandate their employer to withhold part of their wages to pay the debt if they fail to appear for the hearing. Also, the judgment creditor can have the debtor's driver's license suspended. In that case, the debtor can request a court hearing according to Chapter 502 §3125-A to reach an installment payment agreement with the other party.
Alternatively, the court can issue a turnover order on the creditor's request, in line with the provisions of Chapter 502 §3131(1). The order will mandate the debtor to turn over their property with a value equal to or less than the owed amount. If the creditor obtains a sale order from the court in line with §3131(2), they can sell the property to fully or partially satisfy the ruling.
How To Collect A Judgment In Maine
In Maine, to collect a judgment means to enforce it. Both terms refer to a judgment creditor's efforts to ensure that the losing party pays them or returns a property as instructed by the court. The judgment creditor must apply legal means during the collection process. According to the Maine Rules of Civil Procedure, Rule 62, judgment creditors can take action to enforce the court's ruling after 21 days from when the judgment was entered. However, they must wait longer if there is an appeal or order, preventing the collection.
To collect a judgment, the creditor can freeze the debtor's bank account, suspend their professional or driver's license, garnish their wages, or attach a lien to their property. Interested persons can use the resources published on the legal help and guide section of the Maine Judicial Branch website to obtain more information on debt collection processes.
What Personal Property Can Be Seized in a Judgment in Maine?
A judgment creditor can seize a debtor's personal property to satisfy a court's ruling in Maine. Although the creditor can take the debtor's properties such as bonds and stocks, some personal properties are exempt from seizure. According to Title 14, Chapter 507 §4422 of the Maine Revised Statutes, items such as clothing, furniture, jewelry, food, and animal produce, cooking stoves, and the debtor's tools of business cannot be confiscated. Also, a debtor's unmatured life insurance contract, health aids, disability benefits, pension, and retirement benefits, are exempt from seizure when enforcing a Maine judgment.
Maine Judgment Interest Rate
According to Title 14, Chapter 313 §1602-C(1)(B) of the Maine Revised Statutes, the state's judgment interest rate equals the one-year US Treasury bill rate plus an additional 6%. The treasury bill rate must be for the calendar year before the judgment interest starts accruing. MRS Chapter 313 §1602-C(2) stipulates that judgment interests accrue once the judgment is entered and includes any appeal period.
What is a Default Judgment?
A default judgment is a court ruling rendered against a party (defendant) that fails to appear for a court hearing or answer a summons. As stated in Rule 55 of the Maine Rules of Civil Procedure, if the party against whom a default judgment is sought fails to plead or appear in court, the court can enter a judgment against them. Therefore, they must pay the amount due to the plaintiff. However, the defendant can set aside or vacate the judgment if they have a legitimate reason.
How to File a Motion To Set Aside Default Judgment in Maine
In Maine, setting aside a judgment means to render a court's decision invalid or to vacate a judgment. A person who did not appear for their court hearing after a summons and had a default judgment entered against them can request that the judgment be set aside. This procedure is called a motion to set aside a default judgment.
The provisions of Rule 55(c) of the Maine Rules of Civil Procedure allow a case party to file a motion to set aside a default judgment. To file, the defendant must complete a CV-061 (Affidavit & Request for Default and Default Judgment) form and file it with the court clerk. However, the defendant must present a compelling argument stating why the judgment should be annulled. If the court grants the motion, the original case will be revived.
File Motion To Vacate Judgment in Maine
In Maine, a litigant can file a motion to vacate a judgment by submitting a request to the court clerk. As stipulated in Rule 60 of the Maine Rules of Civil Procedure, a party can obtain relief from a court judgment on either of the following grounds:
- Clerical mistakes in judgment due to an omission or oversight
- New evidence which was not discovered in time to file for a new trial within 14 days after a judgment entry (under Rule 59(b) of the Maine Rules of Civil Procedure)
- Fraud or misconduct of the other party
- Judgment satisfaction
In addition, a person can obtain post-trial relief under Rule 60 if the judgment is void. A judgment is void if the case defendant is not correctly served summons. Any party filing for relief from a court judgment must do so within a specified period. For example, MRS Rule 60(b) stipulates that vacating a judgment due to mistake, new evidence, or misconduct must be done within one year after the judgment entry. A court will only vacate a judgment when the moving party presents compelling evidence within the allowable time.
How To Remove An Abstract Of Judgment In Maine
In Maine, a judgment creditor can file an abstract of judgment to place a lien on a judgment debtor's property to recover the debt. Typically, this motion is filed with the court clerk. The lien will prevent the judgment debtor from selling their property until they pay the amount owed.
To remove a lien resulting from an abstract of judgment in Maine, the judgment debtor must pay what they owe to the creditor. Afterward, the creditor can file a satisfaction of judgment form with the court clerk. Generally, when an abstract of judgment creates a lien, it will be valid for the same time frame as the judgment it was made for.
How Long Is a Judgment Good For In Maine
According to Maine Revised Statutes, Title 14 Chapter 205 §864, a Maine judgment is good for 20 years from when the case is entered. Per the law, every court decree or ruling will be presumed satisfied after 20 years except in child support or criminal cases. Therefore, court judgments become void after this period. However, a judgment creditor can renew a judgment after the period elapses.
Maine Judgment Statute of Limitations Law
As long as the statute of limitations for a case exists, the case remains valid. The laws governing the statute of limitations for Maine judgments are stated in Title 14, Maine Revised Statutes (MRS). The statute of limitations periods vary by case, and some of them are established under the MRS Title 14 Chapter 205 Sections 752, 753, and 864.
