§6005. Writ of possession; service
When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant. The writ may be served by a sheriff or a constable. 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 notice by first-class mail to the defendant's last known address and leaving the writ of possession at the defendant's last and usual place of abode. A writ of possession may not issue in any case in which the ground for termination of the tenancy at will was rent arrearage and the defendant paid the amount necessary to reinstate the tenancy as provided by section 6002. [PL 1999, c. 248, §3 (AMD).]
An additional writ of possession may be issued by the clerk at the request of the plaintiff after issuance of the first writ. [PL 1989, c. 452, §2 (NEW).]
When a writ of possession has been served on the defendant by a constable or sheriff, and the defendant fails to remove himself or his possessions within 48 hours of service by the constable or sheriff, the defendant is deemed a trespasser without right and the defendant's goods and property are considered by law to be abandoned and subject to section 6013. [PL 1981, c. 428, §6 (NEW).]
SECTION HISTORY
PL 1979, c. 327, §1 (AMD). PL 1981, c. 428, §6 (AMD). PL 1989, c. 452, §2 (AMD). PL 1995, c. 208, §2 (AMD). PL 1997, c. 151, §2 (AMD). PL 1997, c. 336, §1 (AMD). PL 1997, c. 683, §A6 (AMD). PL 1999, c. 248, §3 (AMD).
Structure Maine Revised Statutes
TITLE 14: COURT PROCEDURE -- CIVIL
Part 7: PARTICULAR PROCEEDINGS
Chapter 709: ENTRY AND DETAINER
Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS
14 §6001. Availability of remedy
14 §6002. Tenancy at will; buildings on land of another
14 §6004. Commencement of action
14 §6005. Writ of possession; service
14 §6006. Claim of title (REPEALED)
14 §6007. Allegation that defendant's claim is frivolous (REPEALED)
14 §6009. Judgment for plaintiff; possession on recognizance; damages (REPEALED)
14 §6010. Sums due for rent and damages
14 §6010-A. Landlord's duty to mitigate
14 §6011. House of ill fame; lease void at landlord's option
14 §6012. Personal property (REPEALED)
14 §6013. Property unclaimed by tenant
14 §6014. Remedies for illegal evictions
14 §6015. Notice of rent increase
14 §6016. Rent increase limitation
14 §6016-A. Sexual harassment prohibited; Maine Human Rights Act