| Is There Any Way I Can Get Back My Personal Property
If It Is Being Held By My Landlord Or Someone Else? |
Yes. If someone has taken your personal property without your permission, you
can get a court order that allows you to get the property back.
| Do I Have to Have A Lawyer To Get A Court Order? |
If you can afford one, it would help. But if you can't afford a lawyer,
you can do it yourself.
| What Do I Need To Do In Order To Get A Court Order? |
There are two different ways to get a court order. First, you can sue in
Small Claims Court if the total value of your property is $4,500 or less. In
Small Claims Court, the judge can order that you be paid money for the value of
the property that was illegally held, or he can order that the property itself
be returned. The District Court Clerk for the District that serves your town
will give you information on how to file in Small Claims Court.
The
Court also posts this information on its web site.
If you decide to sue in Small Claims Court, this material does not apply to
you. You should use the
Court's Small Claims instructions.
The second way to get your property back is to file a paper called a
"Complaint: Forcible Entry And Detainer for Personal Property." This
paper is filed with the District Court. A hearing can be held as soon as seven
days after the complaint has been served on the person who is holding your
property. If you win, the judge will order that your property be returned.
| Which Procedure Should I Use? |
It depends on your situation. A Forcible Entry and Detainer Complaint is
usually faster than going to small claims court. However, with a Forcible Entry
and Detainer Complaint, you cannot get an order to be paid money. For example,
if you believe that your property has been damaged so that you no longer want it
returned and you can show its prior value, you might wish to go to Small Claims
Court.
Note: If you are thinking about bringing either type of complaint against
your former landlord, read the section on
"Abandoned Property" in our
Rights of Tenants in Maine Handbook first. If your landlord is claiming that you
owe him money, his claims against you make your case more complicated. He may
have the right to withhold some of your property until your debt is settled.
Talk to a lawyer.
| How Do I Bring A Claim For Forcible Entry And Detainer For Personal
Property? |
You must file a Complaint with the District Court that serves the area where
the property is. (It doesn't matter where the Defendant lives.) If you don't
know which court to file in, call any District Court Clerk. Ask for the name and
address of the District Court which serves the place where your property is.
| How Do I File A Complaint? |
You will need to fill out four forms to start your case:
| The Complaint Form. There is no court form. You may use
ours.
If you can't get the linked forms, click
here for help. |
| Exhibit A. There is no court form. We have attached
a blank form to our Complaint. To see what a completed one
would look like, view a sample Exhibit A. |
| Summons. You must buy this form from the Court for $5.00. Be sure to get a
summons for "Forcible Entry and Detainer." You can get the summons
from any District Court. View or print our sample
summons to see how to fill it out this court form. |
| Complaint Summary Sheet. Get this form from the court
clerk or get it here on-line:
Note: The instructions are at the end of the form.
If you are using the interactive version, you may want to print the
instructions first, to refer to as you are working with the form.
This form may be confusing, but it helps the
clerk's office keep track of cases. Ask the court clerk if you have
questions about it.
|
| Will I Be Asked To Pay All Of The Court Costs? |
Yes. If you can't afford to
pay the filing fee or the costs of service, however, you can get a form called
Application to Proceed Without Payment of Fees and an Indigency
Affidavit. Get
these forms from any District Court clerk. Fill them out and return them to the
clerk. Your signature on the Affidavit form must be notarized. If the judge
agrees that you don't have enough money, you won't have to pay the fees. (If you
need help with filling out these forms, go to our page on
Court
Fee Waivers.)
On-line forms:
| How Do I Fill Out The Complaint? |
Type or neatly print your information in the blank spaces on the
form. Look
at the Sample to see how it's done.
The letters below correspond to the blank spaces on the Sample Complaint.
A. The Division of the District Court where you are filing. (Ask the Court
Clerk for the name of the division.)
B. The town or city where the Court is located.
C. Leave blank. (The Court Clerk will give your case a number.)
D. Your full name.
E. The full name of the person who now has your property.
F. Your full name.
G. Your full name.
H. The town where you are now living.
I. The state where you are now living.
J. The full name of the person who now has your property.
K. The town where that person is now living.
L. The state where that person is now living.
M. The town where your property is now located.
N. The state where your property is now located.
O. The town where you are now living.
P. The state where you are now living.
Q. The day of the month on which you are signing the Complaint.
R. The month you are signing the Complaint.
S. The year in which you are signing the Complaint.
T. Your signature.
U. Your full name (typed or printed).
V. Your full mailing address.
This is a list of all of your property that the defendant has taken or that
he is holding. Be sure to list every item you want back. If you have sales slips
or other papers to show that you bought or own the property, attach copies of
these to Exhibit A. You may want to make copies first. The papers
you file will stay with the court.
| What Is A Summons For Forcible Entry and Detainer? |
You must notify the defendant that you are filing a court complaint. You must
give this notice at least seven days before a court hearing. You do this with a
Summons.
First call the court clerk for the District Court where you will be filing
your case. Tell the clerk that you will be filing a Forcible Entry and Detainer
Complaint for Personal Property and need a court hearing date. Pick a time
that will give the sheriff enough time to locate and serve the person who has
your property. It is a good idea to pick a hearing date that will be at least 14
days after you give the papers to the sheriff's office for service.
Write down the time and date the clerk gives you. Also ask the clerk for the
street address of the court. You will need this information to fill out the
Summons.
| How Do I Fill Out The Summons? |
View or print the sample completed summons.
The letters below correspond to the
blank spaces on the sample:
A. The number of this Court (which you can get from the Court clerk).
B. The town or city where this court is located.
C. Leave blank.
D. Your full name.
E. The full name of the person who has your property.
F. The mailing address of the person who has your property.
G. The street address of the Court.
H. The city or town where the Court is located.
I. The county where the Court is located.
J. Your list of missing property (same as your Exhibit A list).
K. The date of your Court hearing.
L. The time of your Court hearing.
M. Name and address of the Court.
N. The date on which you filled out, signed and dated the Summons.
O. Your name (typed or printed).
P. Your mailing address and telephone number.
| After I Have Filled Out All the Papers, What Do I Do With Them? |
Next, you need to "file" and "serve" the
papers. First make one copy of each form (for you to keep) and one more
copy of the Complaint and the Summons (for the Defendant.)
You will give the originals to the court clerk.
You can either "serve" the papers first, or
"file" the papers first. If you are asking for a fee waiver
(see
above), then you will need to file first. Click
here for more on filing. If you are going to pay the court fees and
service costs yourself, then it is easier to "serve," then
"file." Follow the steps outlined below.
| How Do I Notify The Person Who Has My
Property About The Hearing? |
Once your paperwork is ready, you will need to ask the sheriff's office to
make "personal service" of the papers on the Defendant. These are the
papers you will give to the sheriff:
- One copy of the Complaint, including Exhibit A and any attached papers.
You keep the original Complaint. You'll file it later with the Court Clerk.
- The original and one copy of the Summons.
Call the sheriff's office in the county where the defendant is living,
working, or can be easily located. If the defendant is out of state, ask your
local county sheriff to give you the address of the sheriff's department in the
county where the defendant is.
Then hand-deliver or mail your court papers to the sheriff. Explain what you
need to have done. Explain where and when the defendant might be served most
easily. Also, remember to explain that the papers must be served at least 7 days
before the date of your hearing.
A deputy hand-delivers copies of the Complaint Summons to the defendant. The
deputy will fill out the back of the original Summons to show that
service has been made. The original Summons will be returned to you. You'll file
this original Summons with the Court Clerk later.
| Do I Have To Pay For This Service? |
Yes. There is no standard fee. You should expect to pay about $20 to $30. You
should pay this bill promptly.
The sheriff may request payment in advance before making service. Or, you may
be asked to pay part of the fee before service has been made and the rest of the
fee after service.
| Do I Still Have To Pay If The Judge Has Waived my Court Fees? |
No. If the Court approved your "Application to Proceed Without Payment
of Fees," you can send the sheriff's bill directly to the District Court
for payment. Ask the clerk for an "attested" copy of the judge's order
waiving your fees. Give it to the sheriff when you deliver the papers for
service.
Your next step is to file the original of your complaint, with Exhibit A and
any attached papers, with the District Court. The clerk will need your completed
Summary Sheet, as well. You must pay the court's filing fee at this time (unless
you file the fee waiver forms and the judge grants your fee waiver request.)
Remind the clerk that your Complaint asks for a recorded hearing. You will
need this record if you decide later to appeal the judge's decision.
Once you have received the original Summons back from the sheriff's office,
file it with the Court Clerk also. (If you aren't asking for a fee waiver, you
can file all of your court papers at the same time, after you get the Summons
back from the sheriff.)
Keep copies of all your court papers to refer to at your hearing.
NOTE: If you are "filing" your papers with the court
before "serving" copies on the Defendant, go back to information on
"serving"
the papers after you have completed this step.
| What Should I Do If The Defendant Answers My Complaint By Saying That The
Property Belongs To Him? |
Contact
Pine Tree Legal immediately. The law has a special procedure if the
Defendant files something in writing with the court stating that he or she is
the real owner of the property.
| What Should I Expect On The Day Of The Hearing? |
At your hearing, you will appear before a judge. Be prepared to prove that
you own your property. To do this, you should bring every paper, sales receipt
or bill which relates to the property. You can also bring any people who have
first-hand knowledge that you own the property. For example, if a relative gave
you an item as a present, it would be helpful to ask that relative to come to
court and testify about giving you the gift.
Be sure to remind the judge that you asked for a recorded hearing.
| What Happens If The Defendant Does Not Show Up At The
Hearing? |
If the Defendant was served with the Summons and Complaint and is not in
court, the judge will probably issue a default judgment. This means that you
have won the case.
| What Should I Expect If The Defendant Does Show Up? |
If the defendant does show up, the judge will first ask you to tell him what
the case is about. You should explain clearly that you own certain property and
that the defendant has it and will not give it back. If you have receipts or
other papers showing that you own the property, show them to the judge. If you
have brought witnesses who can testify that they have first-hand knowledge that
you own the property, ask the judge to allow them to testify. You can then ask
your witnesses to tell the judge how they know that you own the property.
The Defendant can ask you or your witnesses questions. The Defendant may also
testify and bring in his own witnesses. You can question the Defendant and his
witnesses.
| What Happens After The Hearing? |
If the judge agrees that you own the property, he or she will issue an Order
saying that. Seven days after the judge's decision, you can ask the Court Clerk
to give you a Writ of Possession. Get an "attested" copy of the Writ.
Then take the Writ to the sheriff or police department nearest to your property
and ask for an officer to go with you to get your property.
| What Should I Do If I Disagree With The Judge's Decision? |
Either side may appeal the judge's decision. The appeal must be filed within
thirty (30) days of the judge's decision. An appeal must be based on a legal
issue. If you just disagree with the trial judge's reasonable findings of fact,
an appeal probably won't work. If you want to file an appeal, talk to
a lawyer right away.
