Category Archives: General

Recent Court Decision Impacts Mortgage Release Distribution Requirement and Statutory Interpretation Process

In 2011, 33 M.R.S. § 551 was amended to require that mortgagees mail the recorded mortgage release to the mortgagor within 30 days of receipt from the registry of deeds. Many mortgagees assumed that mailing a copy of the recorded … 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

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

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, … Continue reading

Attorney Dubord Speaker at Collection Law Seminar

Attorney David R. Dubord recently spoke at a seminar attended by attorneys, paralegals, lenders and other credit grantors entitled “The Nuts and Bolts of Collection Law.” Attorney Dubord spoke on the topic of collecting a judgment, addressing issues relating to … Continue reading

SUBROGATION LIMITATION REPEALED

In 2009, the Maine Legislature amended a provision of the Maine Insurance Code (24-A M.R.S. § 1 et seq.) regarding an insurer’s subrogation rights concerning medical payments made by the insurer pursuant to the medical payments coverage provisions of a … Continue reading

WHEN IS A DEBT TOO OLD TO COLLECT?

Banks, credit unions, debt buyers, finance companies, automobile dealers who finance purchases, and other lenders seeking to collect on delinquent accounts are well advised to aggressively pursue non-paying accounts soon after the accounts become delinquent. Creditor delay generally impairs the … Continue reading