§4651-A. Execution liens

1.  Lien on real estate.  The filing of an execution duly issued by a court of this State or an attested copy thereof with a registry of deeds within 3 years after issuance of the execution creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in all real estate against which a mortgage would be duly perfected if filed in the registry and that is not exempt from attachment and execution.

[PL 2005, c. 62, §1 (AMD).]

2.  Lien on personal property.  The filing of an execution duly issued by a court of this State or an attested copy thereof in the office of the Secretary of State within 3 years after issuance of the execution creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in personal property that is not exempt from attachment and execution and that is of a type against which a security interest could be perfected by the filing of a financing statement with the office of the Secretary of State.

[PL 2005, c. 62, §2 (AMD).]

3.  Lien on motor vehicles.  The filing of an execution duly issued by a court of this State or an attested copy thereof where a proof of transfer would be delivered pursuant to Title 29-A, section 665, subsection 1, and delivery of an application pursuant to Title 29-A, section 657, within 3 years after issuance of the execution creates a lien in favor of each judgment creditor upon the right, title and interest of each judgment debtor in any motor vehicle for which a title certificate must be obtained pursuant to Title 29-A, chapter 7.

[PL 2005, c. 62, §3 (AMD).]

4.  Amount of lien.  A lien created by this section shall be in the amount sufficient to satisfy the judgment together with interest and costs.

[PL 1987, c. 184, §23 (NEW).]

5.  Notice to judgment debtor.  A lien created by this section becomes void and loses its status as a perfected security interest with respect to the right, title and interest of any particular judgment debtor and with respect to any other creditors of the judgment debtor unless the judgment creditor notifies the judgment debtor by certified or registered mail sent to the judgment debtor's last known address on or before the 20th day after filing or recording of the existence of the lien. The notice must contain the following:

A. The fact that a lien has been filed;   [PL 1987, c. 184, §23 (NEW).]

B. The date and place the lien was filed;   [PL 1987, c. 184, §23 (NEW).]

C. The amount of the judgment and costs as stated in the execution;   [PL 1987, c. 184, §23 (NEW).]

D. The name of the judgment creditor and attorney, if any, including their addresses; and   [PL 1987, c. 184, §23 (NEW).]

E. The following statement: "To dissolve this lien, please contact (the creditor or the creditor's attorney)."   [PL 1997, c. 20, §1 (AMD).]

[PL 1997, c. 20, §1 (AMD).]

6.  Filing during pendency of attachment; date of perfection.  If a lien created by this section is filed or recorded during the pendency of any prejudgment or post-judgment attachment obtained in the underlying civil action against property subject to the lien, the effective date of the lien in the property must relate back to the date of perfection of the attachment. The relation back applies only to that portion of the lien up to the amount of the attachment. The remainder of such a lien, and the full amount of a lien created when no attachment is pending, becomes effective and perfected from the date of the filing or recording of the execution.

[PL 2001, c. 275, Pt. A, §1 (AMD).]

7.  Enforcement.  The lien provided in this section may be enforced by a turnover or sale order pursuant to section 3131.

[PL 1987, c. 184, §23 (NEW).]

8.  Abuse of lien process.  A creditor who fails to discharge an execution filed against property of a debtor that is exempt from attachment and execution is liable to the debtor for actual damages suffered as a result of the failure to discharge if the debtor gave written notice and proof to the creditor that the property filed against is exempt from attachment and execution and the creditor failed to discharge the execution within 15 days after receiving the notice and proof. A debtor who prevails in an action to recover damages under this subsection is entitled to reasonable attorney's fees and costs incurred in bringing the action.

[PL 2001, c. 117, §1 (NEW).]

8.  Duration of lien; renewal.  (REALLOCATED TO T. 14, §4651-A, sub-§9)

[RR 2001, c. 1, §17 (RAL); PL 2001, c. 275, Pt. A, §2 (NEW).]

9.  Duration of lien; renewal.  (REALLOCATED FROM T. 14, §4651-A, sub-§8) A lien created pursuant to this section after the effective date of this subsection continues for a period of 20 years from the date of the filing of the writ of execution or of the recording of the writ of execution in the registry of deeds, unless the judgment is paid, discharged or released. A lien may be renewed once for a period of 20 years from the filing or recording of a renewal, pluries or alias writ of execution in the same manner as the original writ of execution was filed or recorded, with the same notice as required by subsection 5.

A. If the renewal writ is filed or recorded before the expiration of the 20-year period of the original writ of execution, the renewal writ relates back to the date that the original writ of execution was filed or recorded and prevents the expiration of the lien.   [RR 2001, c. 1, §17 (RAL).]

B. A lien created pursuant to this section when the date of the recording of the writ of execution in the registry of deeds is more than 18 years prior to the effective date of this subsection may be renewed as provided in this subsection if the renewal writ is recorded within 2 years of the effective date of this subsection.   [RR 2001, c. 1, §17 (RAL).]

[RR 2001, c. 1, §17 (RAL).]

10.  Validation of liens.  Subject to subsections 5, 8 and 9, a lien filed pursuant to subsection 1, 2 or 3 is valid and enforceable if the execution was issued on or after September 29, 1995 and the lien was filed within 3 years of the issuance of the execution.

[PL 2005, c. 62, §4 (NEW).]

SECTION HISTORY

PL 1987, c. 184, §23 (NEW). PL 1995, c. 65, §A41 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1997, c. 20, §1 (AMD). PL 1999, c. 699, §D15 (AMD). PL 1999, c. 699, §D30 (AFF). RR 2001, c. 1, §17 (COR). PL 2001, c. 117, §1 (AMD). PL 2001, c. 275, §§A1,2 (AMD). PL 2005, c. 62, §§1-4 (AMD).