Maine Revised Statutes

Me. Rev. Stat. tit. 36, § 991 (2026)

Distraint for taxes; procedure; sale

✓ current as of May 2026
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If any resident or nonresident taxpayer after a reasonable demand refuses or neglects to pay any part of the tax assessed against that taxpayer in accordance with this chapter, the tax collector may distrain that taxpayer in any part of the State by any of the taxpayer's goods and chattels not exempt from attachment for debt, for the whole or any part of the taxpayer's tax, and may keep such distress for not less than 4 days nor more than 7 days at the expense of the owner. If the taxpayer does not pay the tax due within that time, the distress must be openly sold at public auction by the tax collector after the 4th day but on or before the 7th day. The place of sale may be other than where the tax was assessed or where the property was seized. Notice of such sale must be posted in some public place in the municipality where the tax was assessed and in the place where the sale is to be held at least 48 hours before the time set for sale.   [PL 2025, c. 113, Pt. D, §51 (AMD).]
SECTION HISTORY
PL 1965, c. 425, §20B (AMD). PL 1975, c. 623, §55 (AMD). PL 2025, c. 113, Pt. D, §51 (AMD).
Notes of Decisions
Cited in 3 cases, 1969–1992 · leading case: First Nat'l Bank of Boston v. City of Lewiston, 617 A.2d 1029 (Me. 1992).
First Nat'l Bank of Boston v. City of Lewiston, 617 A.2d 1029 (Me. 1992). · cites it 2× “The Bank argues that, although a lien was created in favor of the City when it distrained the property under 36 M.R.S.A. § 991, 1 the Legislature made clear in 36 M.”
Capitol Bank & Trust Co. v. City of Waterville, 343 A.2d 213 (Me. 1975). “36 M.R.S.A. § 991. Distraint for taxes; procedure; sale “If any resident or nonresident taxpayer after a reasonable demand refuses or neglects to pay any part of the tax assessed against him in accordance with this chapter, the tax collector may distrain him in any part of the…”
United States v. Town of Pittsfield, 302 F. Supp. 316 (D. Me. 1969). “But it does not create a lien thereon, and the procedure provided by Maine law for the collection of taxes by distraint, see 36 M.R.S.A. § 991 et seq. (1964), does not require implication of a lien.”
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