Maine Procedural Requirements for Wage Garnishment

[Credit Expert]

Maine Procedural Requirements

Upon a disclosure hearing when it is shown that there is a reasonable likelihood that a third party has possession or control of property in which the judgment debtor may have an interest or that the third party may be indebted to the judgment debtor for other than earnings, the court, upon request of the judgment creditor, may approve the service on the third party of an order to hold and answer.

The order to hold and answer shall Statutee the amount owed on the judgment debt and shall set forth the specific property of the judgment debtor alleged to be in the possession of the third party, as well as any specific debt other than earnings, alleged to be owed to the judgment debtor. The order shall demand an answer under oath from the third party listing all property in the possession of the third party in which the judgment debtor has an interest and listing all debts owed by the third party to the judgment debtor, as of the date and time the order is served. The order to hold and answer shall Statutee the consequences of the failure of the third party to answer.

An order to hold and answer shall be served on the third party and the judgment debtor within 20 days of the date of the order. An answer form shall be supplied to the third party with the order. Unless the judgment debtor or judgment creditor requests a hearing within 20 days of the filing of the answer of the third party, the property or debt listed shall be subject to any turnover, sale, or lien order. Likewise, if after the requested hearing, the court is satisfied as to the existence and extent of the nonexempt property or of any nonexempt money debt, it shall make either a turnover, sale, or lien order. Me. Rev. Statute. Ann. tit. 14, _ 3127A.

Generally service may be made either personally or by first class mail, postage prepaid, and including a return envelope, postage prepaid, addressed to sender. Me. R. Civil. P. 4.

Interest Rate at which Judgments Accrue Interest

After judgment equals 15% for cases in which damages claimed or awarded do not exceed the $30,000 District Court jurisdictional limit. For other actions, interest equals the coupon issue yield equivalent of the average accepted auction price for the last auction of 52 week Treasury bills settled immediately prior to the date from which interest is calculated, plus 7%. Me. Rev. Statute. Ann. art. 14, _ 1602A.

Interest before judgment equals 8% for cases in which damages claimed or awarded do not exceed the $30,000 District Court jurisdictional limit. For other actions, prejudgment interest equals the coupon issue yield equivalent of the average accepted auction price for the last auction of 52 week Treasury bills settled immediately prior to the date from which interest is calculated, plus 1%. Me. Rev. Statute. Ann. art. 14, _ 1602.