Category Archives: Collections

Maine Supreme Judicial Court Upholds Entry of Default and Default Judgment Sanction Against Consumer Debtor

Daniel J. Eichorn, Esq. obtained an order instructing the clerk to enter a consumer debtor’s default and granting default judgment against the debtor as a sanction for the debtor’s failure to respond to discovery requests. The debtor appealed and Attorney … Continue reading

$140k Verdict Won in Successor Liability, UFTA and Piercing Corporate Veil Case

David R. Dubord, Esq. won a $140,000 verdict for a client against a Maine limited liability company based on successor liability and against the two members of the limited liability company for fraudulent transfers as defined by the Maine Uniform … Continue reading

Court Skirts Issue of the Impact of Bankruptcy on Divorce Debt Enforcement by Creditor of Spouses

It is fairly common for a divorce judgment to order that one ex-spouse be solely responsible for certain joint debts, and pay those debts directly to the creditor. Such an order has no impact on the creditor, who still has … Continue reading

Sale of Property is Required in Mechanic’s Lien Enforcement Orders

Maine’s mechanic’s lien statutes (10 M.R.S.A. §§ 3251-3269) grant an automatic security interest to contractors, suppliers, surveyors and others in land and/or buildings for which they performed work or provided materials, so long as it was done pursuant to a … Continue reading

Maine’s Limitation Period Process Changed for Debt Collectors

Most of the statutory revisions made by the most recent session of the Maine Legislature went into effect on October 15, 2015. One of these revisions changed the process for determining the limitation period for actions taken against consumer debtors … Continue reading

Attorney Eichorn to Speak at Collection Law Seminar

Attorney Daniel J. Eichorn will speak at a seminar intended for attorneys, paralegals, bankers and collection managers entitled “Advanced Collection Law.” Attorney Eichorn will speak on the topic of recent case law and its impact on the collection process, including … Continue reading

LIMITATIONS ON CHILD SUPPORT COLLECTORS

Maine law places certain limitations on any person or entity (including an attorney), other than the Department of Health and Human Services, who seeks to collect child support debt on behalf of another.  If the debt collector provides the child … Continue reading

WHEN CAN A WORKERS’ COMPENSATION INSURER ASSERT A SUBROGATION CLAIM AGAINST AN UNINSURED MOTORIST POLICY?

Workers’ compensation insurers often pay compensation or benefits under Maine’s Workers’ Compensation Act of 1992, 39-A M.R.S. § 101 et seq., to or on behalf of workers whose injuries are caused by third parties. In those cases where the third … Continue reading

PROMPT CREDITOR ACTION NECESSARY TO PRESERVE CLAIMS AGAINST DECEASED DEBTOR’S ESTATE

Lenders, credit card companies, debt buyers, and other creditors often hold claims against individuals who have died. In Maine, the process for enforcing claims against deceased debtors is governed by the Maine Probate Code, which is codified in Title 18-A … Continue reading

The National List publishes White Paper authored by Attorney Dubord

A white paper authored by Attorney Dubord has been published on The National List Blog. The white paper can be found at http://www.nationallist.com/white_papers/maine. The white paper has information concerning Maine collection related laws and practices including discussion of court fees, … Continue reading