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Maine Instructions for Filing a Summary Personal Property Recovery Case

State:
Maine
Control #:
ME-SKU-0564
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PDF
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Description

Instructions for Filing a Summary Personal Property Recovery Case

Maine Instructions for Filing a Summary Personal Property Recovery Case are legal procedures used to recover personal property that has been wrongfully taken or withheld from an individual. The process begins with filing a Complaint with the court that will set out the facts of the case and the remedies that are being sought. The Complaint must be served upon the other party in the case, and they must then file an answer to the Complaint. After Answers are filed, the parties may engage in a process of discovery to gather evidence to support their respective claims. Once discovery has been completed, the parties will then proceed to a hearing before a judge or jury. At this hearing, the parties will present their arguments and evidence to the court, and a decision will be rendered. If the court finds in favor of the plaintiff, the court may award damages and/or order the return of the property in question. Types of Maine Instructions for Filing a Summary Personal Property Recovery Case include: 1. Summary Process Complaint: This type of Complaint is used when the plaintiff is seeking a speedy resolution to the dispute. 2. Personal Property Recovery Complaint: This type of Complaint is used when the plaintiff is seeking to recover personal property that has been wrongfully taken or withheld. 3. Summary Judgment Motion: This type of motion is used when the plaintiff is seeking a judgment without a trial. 4. Trial Complaint: This type of Complaint is used when the plaintiff is seeking a trial in order to present evidence and argument in support of their claim.

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FAQ

Two Basic Classes of Personal Property Intangible Personal Property - includes stocks, bonds, notes, mortgages, cash, bank deposits, accounts, credits, dividends, patent rights, etc. Tangible Personal Property - includes motor vehicles, livestock, furniture, jewelry, machinery and grain.

For unpaid wages, the period is one year. For most types of tangible property, the period is three years. All unclaimed property, regardless of value, must be reported to the State of Maine after the applicable period passes without the owner communicating any interest.

Rule that requires a party seeking to gain title to property by adverse possession to have hostile intent, or an intent to take the property with knowledge that it belongs to someone else.

Service. Service of the summons and complaint may be made as follows: By mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment form and a return envelope, postage prepaid, addressed to the sender.

All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided.

Like the Federal Rule the new Maine Rule requires that in any action attacking the validity of an order of an officer or agency of the State of Maine not made a party, a copy of the summons and of the complaint just be mailed to that officer or agency.

The fee to file a Small Claim is $40 which includes the cost of postage and a mediation fee. Checks or money orders for the $40 filing fee should be made payable to ?Maine District Court?. An essential part of a Small Claims case is notifying the defendant about the case.

Whether your potential lawsuit involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be brought to the Maine's civil court system within six years.

More info

When filling out the Summons, make sure that you fill in the description of the personal property you want to recover. 3). Once you complete the Complaint, date and sign it. 2).Obtain a Recovery of Personal Property Summons (Summary Process) (CV-184) from the Clerk of the. First call the court clerk for the District Court where you will be filing your case. Do not file the Affidavit for Transfer of Personal Property with a court. It is very important to keep the form in a secure place where it will not be damaged. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms Find out more about filing small claims cases. NOTE: Court clerks cannot provide assistance in completing these forms. Basic Steps for Handling a Small Claims Case for Replevin (Recovery of Property).

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Maine Instructions for Filing a Summary Personal Property Recovery Case