Wednesday, July 20, 2011

Attorney Matthew Goldfarb Joins Greenberg & Greenberg

Greenberg & Greenberg is pleased to announce that on July 1, 2011, Attorney Matthew Goldfarb joined the firm and will be Of Counsel.

Attorney Goldfarb brings to the firm his extensive experience and knowledge handling cases and issues involving creditor's rights, consumer/commercial collections, subrogation, and other civil litigation matters.

Established in 1933, when it comes to Creditor's Rights and debt collection throughout the State of Maine, the Attorneys and staff of Greenberg & Greenberg are experts at getting businesses and people to pay what they owe.

For more information about the firm or to contact us, please visit GreenbergAndGreenbergLegal.com.

Tuesday, January 04, 2011

State of Maine 2011 Statutory Interests Rates

The 2011 Maine pre-judgment and post judgment statutory rates:

Prejudgment: 3.3%
Post judgment: 6.3%

Wednesday, October 14, 2009

An Act To Allow Law Enforcement Officers To Obtain a Personal Recognizance Bond in Certain Cases

Public Law

124th Legislature

First Regular Session

Chapter 205

H.P. 419 - L.D. 581

An Act To Allow Law Enforcement Officers To Obtain a Personal Recognizance Bond in Certain Cases

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

Sec. 1. 14 MRSA §3135, 2nd ¶, as amended by PL 1987, c. 708, §10, is further amended to read:

After a civil order of arrest has been issued, the sheriff shall cause the individual named in the order to be arrested and shall deliver him the individual without undue delay to the division of the District Court designated in the civil order of arrest or obtain from the debtor a personal recognizance bond to appear in court at the specified date and time. Should the debtor fail to appear at that time a warrant may issue for the debtor’s arrest. The sheriff may take such steps as he determines determined necessary for his the sheriff’s safety or the safety of others then present, including searching the debtor for weapons, if he the sheriff has a reasonable suspicion that the debtor has a weapon, and handcuffing the debtor if that is necessary to transport the debtor to the court or to cause the debtor to remain peaceably at the court. Upon arrival at the court, the sheriff shall notify the clerk or bailiff that the debtor is present and may release the debtor into the custody of the bailiff. The sheriff shall instruct the debtor that the debtor must wait at the court until released by the court or clerk. Upon release of the debtor into the custody of the bailiff, the sheriff need not remain with the debtor at the court. A debtor who fails to appear for the disclosure hearing after being released upon the debtor’s personal recognizance commits a Class E crime.

Sec. 2. 14 MRSA §3135, 4th ¶, as amended by PL 1995, c. 694, Pt. D, §20 and affected by Pt. E, §2, is further amended to read:

Unless the judgment debtor shows good cause for failure to appear after being duly served with a disclosure subpoena under section 3123, a contempt subpoena under section 3136 or an order to appear and disclose under Title 19-A, section 2361, the debtor must be ordered to pay the costs of issuing and serving the civil order for arrest. The costs of issuing and serving the civil order for arrest are $25 plus mileage at a rate of 22¢ 42¢ per mile. The fee payable to sheriffs and their deputies for civil orders for arrest is governed by Title 30-A, section 421, subsection 6.

Sec. 3. 30-A MRSA §421, sub-§6, as amended by PL 1991, c. 498, §2, is further amended to read:

6. Civil arrests and custody. For civil arrests and custody under the arrest, including arrest and custody under paternity proceedings, $25 plus mileage at a rate of 22¢ 42¢ per mile;

Effective September 12, 2009

Monday, January 05, 2009

2009 Maine Statutory Pre & Post Interest Rates

The statutory pre-judgment rate will be 3.4% for cases filed in 2009.
The statutory post-judgment rate will be 6.4%.

Wednesday, January 02, 2008

Maine 2008 Statutory Interest Rates

The statutory rates for 2008 are:

Pre-judgment: 6.42%. This rate applies to cases filed in 2008.

Postjudgment: 9.42%. This rate applies to cases going to judgment in 2008.

Wednesday, January 03, 2007

Maine - 2007 Statutory Prejudgment & Post judgment Rates

The 2007 prejudgment and post judgment statutory rates:

Prejudgment: 7.99%
Post judgment: 10.99%

Monday, August 28, 2006

Maine Home Construction Contract - Addendum

As of September 1, 2006, any contract subject to the Maine Home Construction Contract Act must also include as an addendum the Maine Attorney General’s website warning on home repair and construction:

Maine Attorney General Home Construction Warning
Contractors Must Include This Statement With Any Home Construction Contract for More Than $3,000


Last revised 8/16/06

If you are thinking about building a new home or repairing your existing home, here are some things you should know.

Contractors Are Not Licensed - Buyer Beware!

Home contractors are not licensed or regulated by the State of Maine. The old saying "Buyer Beware" applies. While some towns and cities have adopted building codes and enforced them, others have not. We recommend that you talk to your town's code officials before you begin construction. Although home construction contractors are not licensed, some building trades are licensed. Plumbers, electricians, oil burner technicians, and installers of mobile and modular homes are licensed in Maine. For more information on these licensed trades, go to:

www.maine.gov/pfr/pfrhome.htm.

Always Check Contractor References

The Attorney General receives more complaints about home contractors than about almost any other business. We strongly recommend that you ask any contractor you are considering hiring for several references and that you follow up on them. It is also a good idea to check with your local building supply companies or real estate brokers. They will know the dependable contractors in your area.

Written Contracts Are Required

For all home construction and home improvement projects over $3,000, Maine law requires a written contract with a specific provision that prohibits payment up front of more than one third of the contract price. When a contractor asks you for any money up front, make sure that the money is being used to purchase materials for your project. Ask for receipts and for a lien waiver from subcontractors. A model contract that meets the State law can be found in Chapter 18 of the Maine Attorney General's Consumer Law Guide. Go to www.maine.gov/ag/index.php?r=clg&s=chap18.

Be Careful with Construction Loans

If a lender is financing your construction project, make sure that you know your lender and that you understand how your loan proceeds will be disbursed and how subcontractors will be paid.

Home Contractor Complaints Received by the Attorney General

For a listing of home contractors the Attorney General's Consumer Mediation Service has received complaints against, go to:
www.maine.gov/ag/consumer/contractor_complaints.shtml.

You can also call the Attorney General's Consumer Protection Division at 1-800-436-2131. The Better Business Bureau also provides information on companies. Go to www.bosbbb.org or call (207) 878-2715.

Home Contractors the State Has Sued

In the recent past the State has successfully sued the following home contractors for poor workmanship or failure to complete jobs:

* State of Maine v. CBS Enterprises (Kimberly Mark Smith and David J. Blais),
* Default Judgment in CBS Enterprises,
* State of Maine v. Frederic Weinschenk d/b/a Ric Weinschenk Builders, Inc.,
* State of Maine v. Stephen Lunt d/b/a Lakeview Builders, Inc.,
* State of Maine v. Bob Burns d/b/a Better Homes,
* State of Maine v. Albert H. Giandrea d/b/a AG's Home Quality Improvements, Inc.,
* State of Maine v. Al Verdone,
* State of Maine v. Mikal W. Tuttle, d/b/a MT Construction, DMI Industries, Inc., and MT Construction, Inc.

The Androscoggin County District Attorney has obtained a theft conviction against home contractor Harold Soper. State of Maine v. Harold Soper. Even when our law suits have been successful, we have been unable to collect a significant portion of the judgments because the builders are bankrupt, judgment proof, or have left the state. We strongly recommend that you research a contractor's record before you begin any construction project.

Your Home Construction Rights

Chapter 17 of the Maine Attorney General's Consumer Law Guide explains your rights when constructing or repairing your home. Chapter 18 of the Consumer Law Guide is a model home construction contract that meets the statutory requirements for any home construction contract over $3,000. Go to:

www.maine.gov/ag/index.php?r=clg.

As of September 1, 2006 this entire statement must be an addendum to any home construction contract for more than $3,000, as required by 10 M.R.S.A. Chapter 219-A.