Maine § 3855. - Attachment of vessels on stocks; sale

§ 3855.. Attachment of vessels on stocks; sale

If the vessel at the time is on the stocks, the attachment must be made by filing in the office of the clerk of the town in which the vessel is located, within 48 hours after the order of attachment, a copy of so much of the officer's return on the writ of attachment as relates to the attachment, with the name of the plaintiff, the name of the person liable for the debt, the description of the vessel as given in the writ of attachment, the date of the writ of attachment, the amount claimed and the court to which it is returnable, and by leaving a copy of such certificate with one of the owners of the vessel, if known to the officer and residing within the officer's precinct, or with the master worker on the vessel. If the attachment is made, the officer does not need to take possession of the vessel before it is launched unless specially directed by the plaintiff or the plaintiff's attorney to do so, but the officer shall, as soon as possible, afterwards. The officer may take possession at any time before the vessel is launched; but if the officer does, the officer may not hinder the work on the vessel or prevent or delay the launching. If at the time of attachment the vessel is launched, it must be attached like other personal property. Whenever a vessel has been attached and the expense of retaining possession of the vessel is great, or the vessel is liable to depreciate in value by reason of retaining possession, any attaching creditor or an owner of the vessel may bring an action in the Superior Court by complaint praying that the vessel attached may be sold, and the court may order a hearing on the complaint. Due notice must be given to all parties in interest of the time and place appointed for the hearing, and a hearing on the complaint must be had before the court. If it appears to the court to be for the benefit of all parties in interest that the vessel should be sold, the court shall issue to the officer in possession of the vessel, or to the sheriff of the county in which the vessel has been attached, an order to sell it at public auction, and shall designate in the order the notice to be given of the time and place of that sale. The vessel must be sold pursuant to the order, and the proceeds of the sale, after deducting necessary expenses, must be held by the first attaching officer or the sheriff, subject to the successive attachments, as if sold on execution. If the parties do not consent to a sale as provided, Title 14, sections 4158 and 4352 to 4355, so far as those sections are applicable, apply to proceedings under this section.   [PL 2025, c. 390, Pt. A, §22 (AMD).]