Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 6005 (2026)

Writ of possession; service

✓ current as of May 2026
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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 may be served by a sheriff or a constable. If at least 3 good faith efforts on 3 different days have been made to serve the defendant, service may be accomplished by both mailing the notice by first-class mail to the defendant's last known address and leaving the writ of possession at the defendant's last and usual place of abode. A writ of possession may not issue in any case in which the ground for termination of the tenancy at will was rent arrearage and the defendant paid the amount necessary to reinstate the tenancy as provided by section 6002.   [PL 1999, c. 248, §3 (AMD).]
An additional writ of possession may be issued by the clerk at the request of the plaintiff after issuance of the first writ.   [PL 1989, c. 452, §2 (NEW).]
When a writ of possession has been served on the defendant by a constable or sheriff, and the defendant fails to remove himself or his possessions within 48 hours of service by the constable or sheriff, the defendant is deemed a trespasser without right and the defendant's goods and property are considered by law to be abandoned and subject to section 6013.   [PL 1981, c. 428, §6 (NEW).]
SECTION HISTORY
PL 1979, c. 327, §1 (AMD). PL 1981, c. 428, §6 (AMD). PL 1989, c. 452, §2 (AMD). PL 1995, c. 208, §2 (AMD). PL 1997, c. 151, §2 (AMD). PL 1997, c. 336, §1 (AMD). PL 1997, c. 683, §A6 (AMD). PL 1999, c. 248, §3 (AMD).
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 1980–2022 · leading case: 55 Oak Street LLC v. RDR Enter., Inc., 2022 ME 28 (Me. 2022).
55 Oak Street LLC v. RDR Enter., Inc., 2022 ME 28 (Me. 2022). · cites it 2× “See 14 M.R.S. §§ 6005, 6017(2), (3) (2022). I.”
Hailu v. Simonds, 2001 ME 155 (Me. 2001). · cites it 3× “Si-monds obtained a writ of possession utilizing the forcible entry and detainer procedure in 14 M.R.S.A. § 6005 (Supp.2000). Before Simonds executed the writ, however, he reached an agreement with Hailu and Mihill whereby Hailu and Mihill were permitted to remain in the room,…”
Bramson v. Richardson, 412 A.2d 381 (Me. 1980). · cites it 2× “1970), citing Rule 80D(g), D.C.Civ.R., and 14 M.R.S.A.”
Theobald Trust v. Littlefield (Me. Super. Ct 2016). “Upon expiration of the period of redemption, the Plaintiffs shall be entitled to the issuance of a writ of possession which may be subsequently served on the Defendants in accordance with 14 MRSA §6005. The Defendants are specifically ordered, during the period of redemption, to…”
LH Hous., LLC v. Douglas (Me. Super. Ct 2021). “14 M.R.S. § 6005; M.R. Civ. P. SOD(j). Defendants claim they were entitled to an automatic five-day stay because M.”
Illian v. Chuluda (Me. Super. Ct 2022). “The writ of possession may issue pursuant to 14 M.R.S. § 6005. The Clerk is directed to incorporate this Decision and Order into the docket by r reference pursuant to Maine Rule of Civil Procedure 79(a).”
Robishaw v. Wells Fargo Bank (Me. Super. Ct 2010). “See 14 M.R.S. § 6005 (when a writ of possession has been served and defendant fails to remove himself or his possessions within 48 hours, defendant is deemed a trespasser "and defendant's goods and property are deemed by law to be abandoned and subject to section 6013").”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.