You went to court and got a judgment that says you're entitled to money from the party you sued, now called a "judgment debtor." What comes next? How can you—the judgment creditor—collect the money you're due? That's the focus of this article.
One way to collect is by putting judgment liens on the judgment debtor's Maine property. After a quick review of how judgment liens differ from judgments, we'll turn our attention to the specifics of Maine law. In particular, we cover:
If you want some background information, here's more about how court judgments are collected.
A judgment is a court order that says a judgment creditor is legally entitled to a sum of money from a judgment debtor. But a judgment, standing alone, isn't self-enforcing. That is, you can't take a judgment to your county sheriff's office and demand that the judgment debtor's real estate be sold to pay you.
If you want to seize and sell the judgment debtor's property, you first have to attach your judgment to specific items of property. That's what a judgment lien does. As we'll see below, when you file a writ of execution with the county registry of deeds (for real estate) or the Secretary of State (for personal property), your judgment becomes a lien against the judgment debtor's nonexempt property. At that point, you can look for ways to turn your judgment into cold, hard cash.
In Maine, you can attach judgment liens to:
A properly recorded judgment attaches a lien to the judgment debtor's nonexempt real estate—both presently owned and later acquired—in that county. Judgment liens on personal property get attached in a different way. We discuss the processes for attaching judgment liens below.
Like all states, Maine exempts some property—both real and personal—from the reach of creditors. Unless stated otherwise, dollar amounts mentioned here represent the value of the debtor's exempt equity in the property, which might not be the same as the property's market value.
Here are a few examples.
Attaching judgment liens to real estate and personal property involve different processes. Make sure you use the right one for the kind of property on which you want a lien.
A Maine superior court or district court judgment, once final, becomes a judgment lien on the debtor's nonexempt real estate in the county when you complete these steps.
Note, importantly, that getting and filing a writ of execution doesn't mean you're actually executing on—taking steps to collect—the judgment. If you want to do that, you must deliver the writ to the sheriff, with instructions to seize and sell the judgment debtor's property. There might be good reasons not to do that, as we discuss below under "How Do You Turn a Maine Judgment Lien Into Money?"
In Maine, you're allowed to attach judgment liens to some kinds of personal property. As with real estate liens, start by getting a writ of execution. Within three years after the writ is issued, you must file it with the Secretary of State. Different rules might apply when you want a lien on a motor vehicle. You also must notify the judgment debtor within 20 days after filing, following the same requirements as for liens on real estate.
Not all Maine personal property is subject to a judgment lien. If you're considering this step, speak to a Maine collection lawyer first. They can tell you whether it's worth your time and expense to go after the judgment debtor's personal property—and there's a good chance it won't be. If it's likely to be worthwhile, they'll guide you through the process.
The answer is: It depends on when you got your lien. Maine law was amended, effective September 1, 2020. Liens originating before that date last longer than those created later.
As a general rule, a judgment lien created before September 1, 2020 is good for 20 years from the date the writ of execution was recorded with the registry of deeds or filed with the Secretary of State. Before it runs out, you can renew the lien for another 20-year term (see below).
A judgment lien created on or after September 1, 2020 expires 10 years from the date the writ of execution was recorded with the registry of deeds or filed with the Secretary of State, unless it's renewed for another 10-year term as described below.
You're allowed to renew a Maine judgment lien one time. Here's an overview of the steps.
If you miss the 10-year deadline for requesting a new writ, you'll need to start by asking the court for permission to execute on the judgment. You do this by filing a motion—a written request asking the court to order the judgment debtor to show cause why execution shouldn't be issued. Think about hiring Maine legal counsel to prepare and handle the motion.
Maine law presumes that most judgments have been paid 20 years after judgment was entered. This presumption is rebuttable, meaning you can try to collect on a judgment that's more than 20 years old, but you'll first need to show the court your judgment remains unpaid.
If you haven't collected what you're owed and the end of the 20-year term is approaching, give some thought to speaking with an experienced lawyer about your options. Find out whether it makes sense to get more time to collect, or whether you're probably just throwing good money after bad.
In general, there are three ways you can try to collect on a Maine judgment lien:
If you want payment sooner rather than later, this is likely your best choice. No, you won't get all the money you're entitled to, but that's the nature of a settlement. You'll collect faster—and more inexpensively—than via the other two options.
Most often, a buyer or lender will insist on clear title, free of all judgment liens. So, to sell or refinance, the judgment debtor will have to approach you to make a deal. Only now, you've got more negotiating leverage. As long as you're willing to sit tight and wait, this too is a low-cost, low-stress way to collect.
Executing on your lien means having the sheriff seize and sell the judgment debtor's property at auction. This might seem like a tempting option. But before you head down this path, check with a local attorney to find out about the legwork and costs involved. In addition, see who's ahead of you in payment priority, or you might discover—too late—that the sale proceeds aren't enough to pay you in full (or at all).
Lastly, be aware that this step might be just the push the judgment debtor needs to declare bankruptcy. Should that happen, you're likely to be standing in a long, very unhappy line of creditors with little chance of getting paid.
We've covered Maine judgment lien basics, but of course, the devil's in the details. Now that you're familiar with Maine law, you might decide that your best option is to get help collecting your judgment. An experienced Maine creditor's rights or collection attorney can answer your questions and help you chart a collection path that gives you the best chance to maximize your recovery.