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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 621. MONUMENTAL WORK
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Title 10 - §3701. Contract price; attachment
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 621: MONUMENTAL WORK
§3701. Contract price; attachment
Whoever, under express contract fixing the price to be paid by the other party thereto, sells, erects or furnishes any monument,
tablet, headstone, vault, posts, curbing or other monumental work has a lien thereon to secure the payment of such contract
price, which continues for 2 years after the completion, delivery or erection of such monument, tablet, headstone, vault,
posts, curbing or other monumental work. Such lien may be enforced by an action for damages with an attachment, which shall
be recorded within said 2 years by the clerk of the town in which the property subject to the lien is then situated; or such
lien may be enforced by complaint setting forth the names and residences of the parties to the contract, the contract price,
the sum due, the description and location of the property on which the lien is claimed and such other facts as are necessary
to make it appear that such plaintiff is entitled to an enforcement of such lien, and praying for judgment for title and possession
of the property therein described. Said complaint, before service thereof and within said 2 years, shall be recorded by the
clerk of the town in which such property is situated and a certificate of such record indorsed thereon. The sum alleged to
be due shall be deemed to be the damage and after the complaint has been recorded, an action may be commenced upon the complaint
in any court of proper venue for a transitory action between the parties. Service shall be made as in other actions. If the
plaintiff prevails, he shall recover judgment for title and possession of the property on which the lien is claimed, and for
his costs, and a possessory execution may issue. By virtue of such judgment the judgment creditor, if unopposed, may take
possession and remove the property described in his execution, otherwise any officer qualified to serve civil process, having
said execution, may take possession of said property and deliver the same to the judgment creditor, and shall make his return
on said execution accordingly. Said lien may be discharged at any time before final judgment by tendering the plaintiff the
amount of the debt and costs.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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