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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 631. ENFORCEMENT AND SALE GENERALLY
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Title 10 - §4001. Sale
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4001. Sale
Whoever has a lien on personal property in that person's possession which is not covered by Title 11, Article 9-A may enforce
it by a sale thereof in the manner provided for in the contract creating such lien, if in writing, or as hereinafter provided
for in this chapter.
[1999, c. 699, Pt. D, §8 (amd); §30 (aff).]
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 04333-0007Title 10 - §4002. Complaint filed; contents
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4002. Complaint filed; contents
The person claiming the lien may file, in the Superior Court in the county where he resides a complaint briefly setting forth
the nature and amount of his claim, a description of the article possessed and the names and residences of its owners, if
known to him, and a prayer for enforcement of his lien.
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 04333-0007Title 10 - §4003. Attachments have precedence; enforcement on death or insolvency
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4003. Attachments have precedence; enforcement on death or insolvency
Actions to enforce any of the liens before named have precedence over attachments and encumbrances made after the lien attached
and not made to enforce a lien, and may be maintained although the employer or debtor is dead and his estate has been represented
insolvent. His executor or administrator may be summoned and held to answer to an action brought to enforce the lien. The
complaint must show that the action is brought to enforce the lien; but all the other forms and proceedings therein shall
be the same as in other actions.
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 04333-0007Title 10 - §4004. Service on owners; known
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4004. Service on owners; known
If the names of the owners are set forth in the complaint, service shall be made as in other actions.
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 04333-0007Title 10 - §4005. -- unknown
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4005. -- unknown
If the identity or whereabouts of the owners are not known, notice shall be given by publication as in other actions where
publication is required.
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 04333-0007Title 10 - §4006. Appearance by owner
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4006. Appearance by owner
In all lien actions, when the labor or materials were not furnished by a contract with the owner of the property affected,
such owner may voluntarily appear and become a party to the action. If he does not so appear, such notice of the action as
the court orders shall be given him and he shall then become a party to the action. Any person interested in the article as
owner, mortgagee or otherwise may appear and defend. Questions of fact at the instance of either party shall be submitted
to a jury on an issue framed under the direction of the court.
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 04333-0007Title 10 - §4007. Bond for costs
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4007. Bond for costs
If, in the opinion of the court, the article on which the lien is claimed is not of sufficient value to pay the plaintiff's
claim with the probable costs of suit, the court may order the defendant to give bond to the plaintiff, with sufficient sureties
approved by the court, to pay such costs as are awarded against him, so far as they are not paid out of the proceeds of the
articles on which the lien is claimed.
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 04333-0007Title 10 - §4008. Sale on court order
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4008. Sale on court order
After trial and final adjudication in favor of the plaintiff, the court may order any competent officer to sell the article
on which the lien is claimed, as personal property is sold on execution, and out of the proceeds, after deducting his fees
and the expenses of sale, to pay to the plaintiff the amount and costs awarded him, and the balance to the person entitled
to it, if he is known to the court, otherwise into court.
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 04333-0007Title 10 - §4009. Disposal of proceeds
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4009. Disposal of proceeds
Money paid into court may be paid over to the person legally entitled to it, on motion and order of the court. If it is not
called for at the first term after it is paid into court, it must be presumed unclaimed and disposed of according to Title
33, chapter 41.
[2003, c. 20, Pt. T, §6 (amd).]
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 04333-0007Title 10 - §4010. Judgment; discontinuance as to any defendant; costs
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4010. Judgment; discontinuance as to any defendant; costs
In any such action, judgment may be rendered against the defendant and the property covered by the lien, or against either,
for so much as is found due by virtue of the lien. If the amount due exceeds the amount so covered, then a separate execution
shall be issued to the plaintiff against the defendant for such excess and the plaintiff may discontinue as to any defendant.
The court may apportion costs as justice requires.
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 04333-0007Title 10 - §4011. Discharge
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4011. Discharge
All liens named herein may be discharged by tender of the sum due made by the debtor or owner of the property or his agents.
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 04333-0007Title 10 - §4012. Priority
Title 10: COMMERCE AND TRADE
Part 7: LIENS
Chapter 631: ENFORCEMENT AND SALE GENERALLY
§4012. Priority
A security interest perfected in accordance with Title 11 has priority over any lien created or referred to by this Title
unless the person claiming the lien has possession of the goods subject to the lien.
[1965, c. 306, § 3 (new)]
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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