LD 76
pg. 1
LD 76 Title Page An Act To Ease Congestion in the Courts Page 2 of 4
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LR 495
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 14 MRSA §3126, as amended by PL 1987, c. 184, §8, is
further amended to read:

 
§3126. Fees and costs

 
The disclosure subpoena, return of service and the writ of
execution or an attested copy thereof shall of the final
judgment must 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 must be added to the judgment, unless the judgment
creditor or his the judgment creditor's attorney fails to
appear in accordance with section 3125 or unless the judge
orders otherwise. Costs of service incurred by the creditor,
in addition to the filing fee and the service of the
disclosure subpoena, may be imposed upon the judgment debtor
or the 3rd party at the discretion of the court.

 
Sec. 2. 14 MRSA §4151, last ¶, as amended by PL 1999, c. 699, Pt. D,
§14 and affected by §30, is further amended to read:

 
Following the entry of judgment in a civil action and prior
to the issuance of a writ of execution upon the judgment
judgment's becoming final, 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.

 
Sec. 3. 14 MRSA §4651-A, as corrected by RR 2001, c. 1, §17, is
amended to read:

 
§4651-A. Judgment liens

 
1. Lien on real estate. The filing of an execution
attested copy of a final judgment duly issued by any state or


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