Me. Rev. Stat. tit. 14, § 3122

Subpoenas

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1. Disclosure subpoena. A judgment creditor, for the purpose of determining the ability of the judgment debtor to satisfy the judgment, may subpoena the judgment debtor by disclosure subpoena to appear before a judge of the District Court. The subpoenas shall be issued in blank by the clerks of the District Court. The subpoena shall set forth the title of the action; the date and place where the judgment debtor is ordered to appear for the disclosure hearing; an order to produce any documents requested by the judgment creditor; a warning that failure to obey the subpoena may result in the arrest of that person or an order to the debtor's employer to withhold a portion of the debtor's wage, or both; and a notification that the debtor is entitled to be heard on issues concerning his ability to pay the judgment and whether his income or assets are exempt from court order.

[PL 1987, c. 184, §5 (NEW).]

2. Witness subpoena. Any party may subpoena any witness to any hearing provided for in this chapter in the manner authorized by law.

[PL 1987, c. 184, §5 (NEW).]

SECTION HISTORY

PL 1971, c. 408, §1 (NEW). PL 1973, c. 429 (AMD). PL 1973, c. 477, §§1,2 (AMD). PL 1981, c. 389, §1 (RPR). PL 1987, c. 184, §5 (RPR).

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1991–2025 · leading case: Erik Wuori v. Travis Otis

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Erik Wuori v. Travis Otis (2020) me “See 14 M.R.S. § 3122 (2018). The court held a disclosure hearing on February 15, 2019, at which Otis appeared and testified.”

Bruesewitz v. Grant (2007) me “See 14 M.R.S. §§ 3122(1), 3126 (2005). Although Grant did not appear, a disclosure hearing was held with a representative of TPI testifying in response to the witness subpoena concerning Grant’s ownership interest in the corporation.”

New England Mortgage Services Co. v. Petit (1991) me · cites it 2× “81 in two actions against Petit and then sought disclosure of Petit's assets in the District Court pursuant to 14 M.R.S.A. § 3122 (Supp.1990). Petit disclosed as her only asset the legal malpractice claim that she and other co-plaintiffs had pending in the Superior Court against…”

State of Maine v. Daniel B. Tucci Sr. (2019) me “[¶7] Although Tucci did not make payments, the State chose not to commence a disclosure hearing during which Tucci would have been required to disclose under oath his income and assets, see 14 M.R.S. §§ 3122 - 3125 (2018) ; neither did the State search registries of deeds to…”

LOBSTER 207 LLC v. PETTEGROW (2023) med · cites it 2× “Under Maine’s alternative judgment enforcement statute, a judgment creditor is authorized to serve a disclosure subpoena, 14 M.R.S.A. §§ 3122, 3123, for a disclosure hearing to determine the judgment debtor’s ability to pay, id.”

AQUINO v. MCDONALD (2025) med “Under Maine’s enforcement statute, a judgment creditor is authorized to serve a disclosure subpoena, 14 M.R.S.A. §§ 3122, 3123, for a disclosure hearing to determine the judgment debtor’s ability to pay, id.”

— Me. Rev. Stat. tit. 14, § 3122(1) — 1 case

Bruesewitz v. Grant (2007) me “See 14 M.R.S. §§ 3122(1), 3126 (2005). Although Grant did not appear, a disclosure hearing was held with a representative of TPI testifying in response to the witness subpoena concerning Grant’s ownership interest in the corporation.”

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