Maine Judgment Enforcement
Winning a Judgment is not easy
Winning a Judgment is not easy. However, this is often perceived as the easiest aspect of your claim as you will then be faced with the difficult task of collecting the judgment from the opposite party.
This can be a long and lengthy process as for obvious reasons, the other party will not want to pay what you are owed, meaning that they may attempt to put this payment off for as long as possible.
A judgment is enforceable for up to 20 years and once this time has lapsed, it will be presumed that the judgment has been paid. Under Maine state law, all real and personal property of the judgment debtor, aside from items which are exempt under the law, may be used to satisfy the judgment debt.
Once you have won your small claims case, the first thing you will need to do is contact the party who owes you the judgment via a formal letter or notice. When writing the notice, ensure to make it formal and polite, as this will be your first attempt to enforce the judgment. Under no circumstance should you attempt to sound impatient or harass the debtor with excessive notices.
With the use of the Internet, research into different legal solutions which can aid you in collecting your judgments while following protocol to ensure that you do not follow the incorrect path for doing so.
After you have found the necessary legal or judgment help, you can arrange to have an examination of the assets evaluated. This may require the debtor to provide you with his or her income and list other assets they currently own. This can be completed through the courts within Maine, but will show that were applicable; that the debtor is in a financial situation which allows them to easily pay the judgment to you.
After the evaluation of the debtor's assets, you may wish to consider settling for a lower payoff amount from the debtor. In the event that the debtor is unable to pay the entire judgment, they may be willing to settle in order to have the judgment resolved in a shorter space of time. This will also be beneficial to you as it will cut down your collection costs.
Once you have enforced your judgment, you will then be ready to begin proceeding to collect. You will need to get a Writ of Execution from a Maine court in order to begin the enforcement process. Once you have received the document from the courts, you will then need to take this to the county clerk's office and fill out the form required for the state of Maine.
You then must visit the marshal's office with the Writ and ask for a seizure of assets form. Before requesting for this, you must ensure that you know as many details as possible about the assets you wish to have seized from the debtor.
In the event you are taking your judgment via their bank account, you need to only know which bank the debtor uses. If your judgment is being repaid by the debtor's wages, you will then need to know the name of their employer and where they are working. If your attempts to enforce the judgment fail, you should then contemplate hiring the service of a professional judgment enforcer to enforce your judgment.
Due to the nature of enforcing a judgment, there is never any guarantee that you can successfully gain your judgment yourself. However, with many ways available, if the debtor has assets, you may eventually receive the judgment money that is owed to you.
by: Mark Shapiro
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