| 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? |
No. You may represent yourself.
There are several ways to get a court order. We will explain the easiest
two ways. First, you can sue in Small Claims Court if the total value of
your property is $6,000 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 – or go to the Court's
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 provided by the court.
The second way to get your property back is to file in the District Court
a "Complaint for Summary Proceeding to Recover Personal Property.”
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 Summary Proceeding is usually faster than
going to Small Claims Court. However, in a Summary Proceeding, your remedy
may be limited to the return of your property. So, 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.
If you know that your landlord still has your property, then a Summary Proceeding
will be quicker.
Important 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.
| How Do I Bring A Complaint For Summary Proceeding To Recover
Personal Property? |
You must file a Complaint with the District Court where:
- You live,
- Where your landlord lives,
- Where you had your personal property when you were renting, or
- Where your personal property is now.
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 that serves on of the above locations.
| 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 "Summary Proceeding to Recover Personal
Property." You can get the summons from any
District Court. View or print our
sample summons to see what information will be requested on the
actual summons. See September 2009 update notice below. |
| 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.
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 must notify the defendant that you are filing a court complaint. You
must give this notice at least 7 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 Complaint for Summary
Proceeding to Recover 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? |
| Important Note: The law changed in September 2009.
This type of case is no longer called a "Forcible Entry and Detainer (FED)"
But, as far as we know, the Court has not yet created a new Summons for
this type of case. So, in the meantime, we are assuming that the attached
FED Summons form is still being used. Please let us know if you get a
different Summons form from the Court so that we will know to use the
updated form. |
View or print the sample completed summons.
The letters below correspond to the
blank spaces on the sample:
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.
| What Do I Do With My Completed Forms? |
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 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 (read more about fee
waivers), then you will need to file first (read more on how
to file). 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 Other Person About The Court 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 lives.
TThen 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 and Summons to the defendant.
The deputy will fill out the bottom part 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? |
YYes. There is no standard fee. You should expect to pay about $20 to $40.
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, along with Exhibit
A and any other 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 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 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 that 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.
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
21 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 do you any good. If you want to file
an appeal, talk to a lawyer right away.
