Detailed Answer
Locating and identifying assets across county or state lines in Maine requires combining civil discovery tools, public‐record searches, and targeted investigations. Below we outline key steps under Maine law.
1. Employ Civil Discovery Tools
- Interrogatories: Serve written questions to the opposing party under Maine Rule of Civil Procedure 33 (14 M.R.S. §705). Ask about bank accounts, real estate, investments, and business interests by location.
- Requests for Production: Use Rule 34 (14 M.R.S. §706) to demand documents: bank statements, deeds, vehicle registrations, security agreements, and transfer records.
- Depositions: Depose the opposing party or key witnesses under Rule 30 and 31 (14 M.R.S. §711). Question them about asset locations and transfers.
- Subpoenas to Third Parties: Under Rule 45 (Maine R. Civ. P.) you can subpoena banks, employers, or custodians of records located anywhere in Maine or nationwide.
2. Conduct Out-of-State Discovery
If assets or witnesses reside outside Maine, invoke the Uniform Interstate Depositions and Discovery Act (UIDDA). Maine adopted UIDDA in Title 14, chapter 765-A (14 M.R.S. ch. 765-A). File a letter of request in Maine Superior Court to obtain depositions, documents, or tangible items located in another state.
3. Search Public Records
- Real Property: Consult county registers of deeds for mortgages, deeds, liens, and chains of title.
- Motor Vehicles: Request records from the Maine Bureau of Motor Vehicles or the equivalent agency in the other state.
- Corporate and UCC Filings: Use the Maine Secretary of State’s online databases to find business registrations and Uniform Commercial Code (UCC) financing statements (Maine SoS Corporations).
- Tax and Lien Records: Search county tax assessors’ and treasurers’ offices for property tax liens, judgments, and tax warrants.
4. Use Specialized Investigative Resources
Hire a licensed private investigator to run asset‐search reports. These firms can access credit headers, banking leads, employment records, and vehicle registrations across jurisdictions.
5. Enforce and Collect Across Borders
Once you identify assets, you may need to enforce a Maine judgment in another state. Use the Uniform Enforcement of Foreign Judgments Act (UEFJA), codified at Title 14, chapter 741 (14 M.R.S. ch. 741), to domesticate and enforce your judgment against assets located elsewhere.
Helpful Hints
- Begin with a broad discovery request, then narrow based on responses.
- Keep detailed logs of all subpoenas and records requested.
- Coordinate with counsel in other states early to avoid procedural delays.
- Cross‐reference property tax records with corporate filings to uncover hidden ownership.
- Monitor commercial credit reports for newly registered assets or liens.
- File confidentiality agreements when exchanging sensitive financial data.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.