Maine LD 71: An Act To Amend the Laws Governing Service of Process in Eviction Actions

LD 71 (subjects: CIVIL PROCEDURE , PROCESS )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=71&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support


Sponsors

Principal Sponsor: Rep. Kenneth Fredette of Newport: (R – District 100) — e-mail | Twitter | Facebook

0 Cosponsors:

Actions

Chamber

Action
1/20/2015 House Committee on Judiciary suggested and ordered printed.
The Bill was REFERRED to the Committee on JUDICIARY.
Sent for concurrence. ORDERED SENT FORTHWITH.
1/22/2015 Senate On motion by Senator Burns of Washington, REFERRED to the Committee on Judiciary, in concurrence.
3/25/2015 House CONSENT CALENDAR – FIRST DAY
3/26/2015 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/31/2015 Senate Report READ and ACCEPTED, in concurrence.
READ ONCE
Assigned for Second Reading next Legislative Day
4/1/2015 Senate COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO FURTHER VERBAL AMENDMENTS NECESSARY, Senator Saviello, Senate Chair. REPORT ACCEPTED.

READ A SECOND TIME and PASSED TO BE ENGROSSED, in concurrence.
Ordered sent down forthwith.
4/2/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
4/7/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text

.

An Act To Amend the Laws Governing Service of Process in Eviction Actions

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA 6004, as repealed and replaced by PL 2013, c. 135, 1, is amended to read:

6004. Commencement of action

Until September 1, 2016, the The process of forcible entry and detainer must be commenced and service made in the same manner as other civil actions, except that 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 summons and complaint by first-class mail to the defendant’s last known address and leaving the summons and complaint at the defendant’s last and usual place of abode. If service has been made by mailing and posting the summons and complaint, the plaintiff shall file with the court an affidavit demonstrating that compliance with the requirement of service has occurred. When the plaintiff lives out of the State and a recognizance is required of the plaintiff, any person may recognize in the plaintiff’s behalf and is personally liable. This paragraph is repealed September 1, 2016.

Beginning September 1, 2016, the process of forcible entry and detainer must be commenced and service made in the same manner as other civil actions. When the plaintiff lives out of the State and a recognizance is required of the plaintiff, any person may recognize in the plaintiff???s behalf and is personally liable.

SUMMARY

This bill repeals language that was included when this section of law was amended in 2013 that required the law to be repealed September 1, 2016, at which time the original law would go back into effect. The section of law that continues in effect requires that a plaintiff in an eviction case mail and post the summons as well as the complaint after 3 good faith attempts to serve the defendant in hand have been unsuccessful. It requires the plaintiff to file an affidavit that the service has occurred, as is required under Rule 4 of the Maine Rules of Civil Procedure when the court orders service by the mailing and posting of the summons and complaint.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 71 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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