§3120. Purpose The purpose of this chapter is to provide an efficient procedure for the enforcement of money judgments. It is not an exclusive procedure and may be utilized with any other available procedure. [PL 1987, c. 184, §1 (NEW).] SECTION HISTORY PL 1987, c. 184, §1 (NEW).
§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 […]
§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 […]
§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 […]
§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 […]
§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).
§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. […]
§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 […]
§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 […]
§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 […]
§3127-A. Order to 3rd parties to hold and answer 1. Order to hold and answer. Upon a disclosure hearing when it is shown that there is a reasonable likelihood that a 3rd party has possession or control of property in which the judgment debtor may have an interest or that the 3rd party may be […]
§3127-B. Order to employer or payor of earnings 1. Order. When it is shown upon ex parte motion and affidavit that the judgment debtor has either failed to timely make 2 or more payments required by an installment order under section 3126‑A or when the judgment debtor has failed to appear, after having been subpoenaed […]
§3127. Installment payments (REPEALED) SECTION HISTORY PL 1971, c. 408, §1 (NEW). PL 1983, c. 155, §1 (RPR). PL 1987, c. 184, §9 (AMD). PL 1999, c. 587, §4 (RP).
§3128-A. Order to seek employment 1. Order; exceptions. If a child support obligor claims inability to pay in a disclosure proceeding under section 3125 or Title 19‑A, section 2361, the court may order the obligor to seek employment or participate in work activities as defined by section 407(d) of the Social Security Act, and make […]
§3128. Factors in determining the amount of the installment order (REPEALED) SECTION HISTORY PL 1971, c. 408, §1 (NEW). PL 1987, c. 184, §12 (AMD). PL 1999, c. 587, §6 (RP).
§3129. Modification of orders The court may at any time, on its own motion or on the motion of any party and upon notice and hearing, make an order suspending, revising or revoking any order made pursuant to this chapter upon a showing that the circumstances of any party so require. [PL 1987, c. […]
§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 […]
§3131. Turnover orders, sales 1. Turnover order. When it is shown at a hearing under this chapter that the judgment debtor owns personal property or real property which is not wholly exempt from attachment or execution pursuant to sections 4421 to 4426, the court shall determine the value of the property or interest and the […]
§3132. Possessory lien When it is shown at a hearing under this chapter that the judgment debtor owns or otherwise has an interest in personal property in which a security interest may be perfected only by possession as set forth in Title 11, Article 8‑A or 9‑A, upon request of the judgment creditor, the court […]
§3133. Judgment creditor’s remedies (REPEALED) SECTION HISTORY PL 1971, c. 408, §1 (NEW). PL 1987, c. 184, §16 (RP).
