Maine Revised Statutes Title 14 Sec. 3132 – Possessory lien
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Terms Used In Maine Revised Statutes Title 14 Sec. 3132
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lien: A claim against real or personal property in satisfaction of a debt.
- Personal property: All property that is not real property.
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 shall order a lien on the judgment debtor’s interest in so much of such property as is not exempt from attachment and execution pursuant to sections 4421 to 4426, and as will satisfy the unpaid judgment plus interest and costs. Any lien ordered under this section is perfected as to 3rd parties as of the time the judgment creditor takes possession of the property or the document evidencing the property. [PL 1999, c. 699, Pt. D, §12 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]
Any lien ordered under this section extends to the proceeds of any disposition of any property subject to the lien of the judgment creditor which occurs at any time after entry of the lien order to the same extent that a secured party would have an interest in such proceeds pursuant to Title 11, section 9?1315, subsection (1). The court is given equitable power to make all appropriate orders, including, but not limited to, turnover orders, to assist the judgment creditor in perfecting a lien under this section and to effectuate or compel obedience to any orders issued pursuant to this section. [PL 1999, c. 699, Pt. D, §12 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]
SECTION HISTORY
PL 1971, c. 408, §1 (NEW). PL 1983, c. 125, §2 (AMD). PL 1987, c. 184, §15 (RPR). PL 1999, c. 699, §D12 (AMD). PL 1999, c. 699, §D30 (AFF).