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Maine Alliance for Road Associations

MAINE SMALL CLAIMS COURT -- ANYBODY HAVE MORE INFO?

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  • 08 Jul 2009 8:13 PM
    Message # 193119
    Anonymous member (Administrator)
    Well, here's a start -- the info page on the Maine Small
    Claims Court page.

    There are links to a pdf, etc. Like all such, it can be rough going at first but it's certainly solvable.

    A good resource, and if there are others who might have some experience with this, maybe you could share it.

    http://www.courts.state.me.us/maine_courts/specialized/small_claims/index.shtml
  • 08 Jul 2009 8:30 PM
    Reply # 193125 on 193119
    Ray
    Betsy Connor Bowen wrote:Well, here's a start -- the info page on the Maine Small
    Claims Court page.

    There are links to a pdf, etc. Like all such, it can be rough going at first but it's certainly solvable.

    A good resource, and if there are others who might have some experience with this, maybe you could share it.

    http://www.courts.state.me.us/maine_courts/specialized/small_claims/index.shtml

    Hi Betsy, I have actually been to small claims and got a "default" judgement.  I am wondering what to do next as the judgement does not insure payment.  The next step through the court is to file for financial disclosure to see what assets are available but that seems like another long road to take (no pun intended-OK a little bit pun) so am wondering what the lien process is like.  Thanks for the info.
  • 10 Jul 2009 7:57 AM
    Reply # 193682 on 193119
    Pat
    I also have been to court.  The court ruled that the person assessed must pay only for the portion of road that benefits that person.  Any road beyond my house I should not be liable for.  It has to be assessed in proportion to my use.  (In other words, if the road extends four miles beyond my house I should only be assessed for the portion leading up to my house and not beyond. 
  • 10 Jul 2009 8:35 AM
    Reply # 193692 on 193682
    Deleted user
    Pat wrote:The court ruled that the person assessed must pay only for the portion of road that benefits that person. 

    Is that how your association chose to assess costs, or was that the court's conclusion?
  • 11 Jul 2009 6:13 AM
    Reply # 194059 on 193119
    Anonymous member (Administrator)
    When and where was this court decision? It is surprising. Is it a road association that you are in and how is it formed? Under the private ways law or a nonprofit? Informal? This is a surprising decision and I would really like to know more.
  • 11 Jul 2009 6:21 AM
    Reply # 194062 on 193119
    Anonymous member (Administrator)
    Ray, you wrote:>>>>>>>>>>>>>
    The next step through the court is to file for financial disclosure to see what assets are available but that seems like another long road to take (no pun intended-OK a little bit pun) so am wondering what the lien process is like.

    I noticed that step for filing for financial disclosure in the small claims page and had the same feeling -- just what will this next hoop entail? I do know the end point is getting a lien that you file with the deed and I presume that's so at the next change of ownership it gets settled, i.e.,you get your money.

    Does anybody have experience with this?
  • 11 Jul 2009 12:10 PM
    Reply # 194115 on 194059
    Deleted user
    Betsy Connor Bowen wrote:This is a surprising decision and I would really like to know more.

    So would I.  If it was a statutory association, it's hard to see how a court
    could reach that conclusion unless the association itself structured its assessments that way.  Under the 2006 statute, it would have flown in the face of the law, which required assessments to be made according to valuation only.

    The judgement might make sense in the context of an informal association where the practice had been to pay inproportion to the length of road used, and there existed some sort of a promise to pay, I suppose.

    Last modified: 11 Jul 2009 12:10 PM | Deleted user
  • 03 Oct 2009 8:25 AM
    Reply # 225963 on 193692
    Deleted user
    Todd Tolhurst wrote:
    Pat wrote:The court ruled that the person assessed must pay only for the portion of road that benefits that person. 

    Is that how your association chose to assess costs, or was that the court's conclusion?
    It was the courts decision.  It is in that person's deed that he is only responsible for from his parcel to the main road..and the judge upheld this....That person does not have a lot of money and the other associatlon members are all millionaires....but they still expected him to pay for their part of the road....which by the way was hottopped, and now is deteriorating......They had to have their hot top road....Now they are paying for it....The upkeep is tremendous..
  • 06 Oct 2009 9:26 AM
    Reply # 227051 on 225963
    Anonymous member (Administrator)
    Patricia Dignard wrote:
    Todd Tolhurst wrote:
    Pat wrote:The court ruled that the person assessed must pay only for the portion of road that benefits that person. 

    Is that how your association chose to assess costs, or was that the court's conclusion?
    It was the courts decision.  It is in that person's deed that he is only responsible for from his parcel to the main road..and the judge upheld this....That person does not have a lot of money and the other associatlon members are all millionaires....but they still expected him to pay for their part of the road....which by the way was hottopped, and now is deteriorating......They had to have their hot top road....Now they are paying for it....The upkeep is tremendous..

  • 06 Oct 2009 9:33 AM
    Reply # 227054 on 193119
    Anonymous member (Administrator)
    Wow. That part about the deed may make the difference. Very interesting.
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