Maine Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Maine's Statutes Of Limitations. Maine phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Maine Fair Debt Collection Consumer Practices Guide summarizes Maine's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Maine Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Maine’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Maine Debt Exemption Law!
Maine Statutes
The State of Maine has opted out of federal bankruptcy exemptions. Maine
Revised Statute Annotated title 14, § 4426.
Wages: Maine Revised Statutes Annotated title 9.A, §§ 5-105, 5-106 and title 19A, § 2356.
Homestead: Maine Revised Statute Annotated title 14, § 4422(1).
Tangible personal property: Maine Revised Statute Annotated title 14, §§
4422(2) through (9), (11), (15), and (16).
Benefits, retirement plans, insurance, judgments, and other intangibles:
Maine Revised Statute Annotated title 14, §§ 4422(10) through (11), (13), (14); title 3, § 703.
Maine Debt Statutes of Limitation
Your debt may have expired under Maine’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Maine Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Maine Debt Statutes of Limitation
Generally all civil actions must be commenced within 6 years after the cause of action accrues. (14 M.R.S.A. 752)
The primary exception is for liabilities under seal, promissory notes signed in the presence of an attesting witness, or on the bills, notes or other evidences of debt issued by a bank, in which case, the limitation is twenty (20) years after the cause of action accrues. (14 M.R.S.A. 751)
Judgments are presumed paid after twenty (20) years. (14 M.R.S.A. 864)
Maine Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Maine’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Maine law.
Maine Wage Garnishment 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.
Maine (Debt Collector) Call Recording Law
Under Maine State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Maine is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Maine.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
