WHEN IS A MONEY JUDGMENT TOO OLD TO COLLECT?

Under Maine law, a judgment is presumed satisfied twenty years after the judgment is entered. 14 M.R.S. § 864. However, the presumption can be overcome by evidence that the judgment has not been paid in full. See Brewer v. Thomes, 28 Me. 81, 87 (1848); Jackson v. Nason, 38 Me. 85, 89 (1854); Knight v. Macomber, 55 Me. 132, 134 (1868). The means of enforcing a judgment that is more than 20 years old is by means of bringing suit on the judgment. Maine has no statute of limitations on judgments, therefore a suit on a judgment which has not been satisfied can be brought at any time. See Carter v. Carter, 611 A.2d 86 (Me. 1992). Prior to the twenty year period, an alias writ of execution can be requested. See 14 M.R.S. § 4651-A(9). If requested just prior to the end of the twenty year period, the writ presumably is valid until three years from the date of its issue.

If you have any questions concerning collection of a judgment or need assistance with creditor representation in Maine, the attorneys at Gosselin & Dubord, P.A. would be happy to assist you. Please contact Attorney David R. Dubord at 207-783-5261, extension 212 or drd@gosselindubord.com.