An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maine Complaint, Petition, or Declaration for Recovery of Possession of Property due to Fence Built by Adjoining Landowner on Plaintiff's Property
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FAQ
Claim and Delivery is issued prior to judgment and permits the levying officer to seize specific personal property in possession of the defendant or the defendant's agent. A Claim and Delivery differs from a Writ of Attachment.
When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant.
The Writ of Possession is a court order/eviction order which informs the tenant that they must move out of their housing on the property within 48 hours after the Writ of Possession is delivered to them in person. If the tenant fails to do so, they will be forcibly evicted.
Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.
In its simplest terms, replevin is a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned. The requirements of a replevin action differ by jurisdiction.
Most district court appeals are filed directly to the Supreme Judicial Court. Small claims appeals and eviction (Forcible Entry and Detainer) appeals are filed in the Superior Court. Appeals from the Superior Court may be taken to the Supreme Judicial Court.
