Maine § 4252. - Liability of officer attaching encumbered property
Full text of Maine Maine Revised Statutes § 4252. — Liability of officer attaching encumbered property, with citation guidance and answers to common questions.
§ 4252.. Liability of officer attaching encumbered property
When personal property, attached on a writ or seized on execution, is claimed by virtue of a security interest, mortgage, pledge or lien, the claimant shall not bring an action against the attaching officer therefor: [PL 1967, c. 213, §6 (AMD).]
1. Notice. Until he has given him at least 48 hours' written notice of his claim and the true amount thereof; or
2. Payment. If the officer or creditor within that time discharges the claim by paying same or tendering the amount due thereon; or
3. Property restored. If the officer within that time restores the property; or
4. Claimant to answer. Where the property was attached on a writ or seized on execution while in the hands or possession of the debtor, the attaching creditor within that time summons the claimant to answer in the same action such questions as may be put to him relative to the consideration, validity and amount due secured by such security interest, mortgage or lien.
Such summons may be in substantially the following form:
Such summons, when property is attached on the writ, shall be returnable to the court to which the writ is returnable not less than 10 days nor more than 60 days after service thereof, and when property is seized on execution such summons shall be made returnable to the court issuing such execution on any day fixed by the court not less than 10 days nor more than 60 days thereafter. Service in either case shall be by copy of such summons. If in either case the secured party or claimant fails to appear and answer, or after hearing fails to establish his claim under such security interest, pledge or lien, he thereby waives the right to hold the property thereon. [PL 1967, c. 213, §6 (AMD).]
Source: official Maine text · Last verified 2026-08-27
Frequently Asked Questions About Maine § 4252.
What does Maine Revised Statutes § 4252. cover?
Section 4252. ("Liability of officer attaching encumbered property") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 4252.?
A common citation format is "Maine Revised Statutes § 4252." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 4252. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.