14 §3130. Provisional installment payment order
§3130. Provisional installment payment order Pending the sale of any property under section 3131, the court may issue an installment payment order as provided in section 3126-A. Upon the completion of the sale, the judgment creditor must file with the court an affidavit including the items required in an affidavit under section 3126-A and which […]
14 §3121. Definitions
§3121. Definitions For the purposes of this chapter, unless the context otherwise indicates, the following words shall have the following meanings: [PL 1971, c. 408, §1 (NEW).] 1. Earnings. “Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commissions, bonuses or otherwise, and includes periodic payments pursuant to a […]
14 §3121-A. Venue
§3121-A. Venue 1. Commencement of proceedings. Notwithstanding Title 4, section 155 and any provisions set forth elsewhere, and except as provided in subsection 2 and Title 19‑A, section 2361, subsection 2, any proceeding under this chapter must be commenced in a division of the District Court as follows. A. Except as provided in paragraph […]
14 §3122. Subpoenas
§3122. Subpoenas 1. Disclosure subpoena. A judgment creditor, for the purpose of determining the ability of the judgment debtor to satisfy the judgment, may subpoena the judgment debtor by disclosure subpoena to appear before a judge of the District Court. The subpoenas shall be issued in blank by the clerks of the District Court. The […]
14 §3123. Service of disclosure subpoena
§3123. Service of disclosure subpoena 1. Service on individual. [PL 1997, c. 21, §1 (RP).] 2. Service on nonindividual. [PL 1997, c. 21, §1 (RP).] 3. Service of disclosure subpoena. Service of the disclosure subpoena on a judgment debtor must be made by delivering a copy of the subpoena to the judgment debtor by any […]
14 §3124. Successive disclosures
§3124. Successive disclosures A judgment creditor may subpoena the judgment debtor to disclose no more often than once every 6 months, except upon motion for good cause shown. [PL 1971, c. 408, §1 (NEW).] SECTION HISTORY PL 1971, c. 408, §1 (NEW).
14 §3125. Appearance and examination of the debtor
§3125. Appearance and examination of the debtor 1. Disclosure hearing. Unless there is an agreement which meets the requirements of subsection 2, the judgment debtor shall appear at the time and place indicated in the subpoena for a hearing to determine his ability to pay the judgment. The debtor shall be placed under oath and […]
14 §3125-A. Debtor subject to loss or suspension of right to operate or register a motor vehicle
§3125-A. Debtor subject to loss or suspension of right to operate or register a motor vehicle A judgment debtor subject to suspension or loss of the right to operate or register a motor vehicle under Title 29-A, section 2251, subsection 10 may request a disclosure hearing on the issue of how to satisfy the judgment. […]
14 §3126. Fees and costs
§3126. Fees and costs The disclosure subpoena, return of service and the writ of execution or an attested copy thereof shall be filed with the clerk, together with a filing fee as established by the Supreme Judicial Court pursuant to Title 4, section 175. The fee and actual costs of service shall be added to […]
14 §3126-A. Installment payments
§3126-A. Installment payments Following a disclosure hearing, the court shall determine the amount, if any, of the installment payments that the judgment debtor must make to the judgment creditor. [PL 1999, c. 587, §3 (NEW).] 1. Definition. For purposes of this section, “exempt income” means the debtor’s right to receive: A. A social […]