An Act To Provide Another Alternative to the Civil Order of Arrest Process

Sec. 1. 14 MRSA §3134, sub-§2,  as amended by PL 1987, c. 708, §9, is repealed and the following enacted in its place:

Sec. 2. 14 MRSA §3135, 4th and 6th ¶¶,  as enacted by PL 2011, c. 177, §1, are amended to read:

If the debtor fails to appear at the time and place specified in a disclosure subpoena or contempt subpoena issued pursuant to section 3134, subsection 2 or in a personal recognizance bond obtained by the sheriff, clerk or court, and upon request of the judgment creditor, the court shall order the Department of Labor to provide the judgment creditor with the name and address of the current or most recent employer of the debtor, if any, together with the date the employer last reported wage information concerning the debtor and issue an additional civil order of arrest pursuant to section 3134 directing the sheriff to cause the debtor named in the order to be arrested and delivered to the District Court without obtaining from the debtor a personal recognizance bond.

A debtor admitted to personal recognizance bond under this section or section 3134 shall date and sign the bond and provide the following information: date of birth, hair color, eye color, height, weight, gender, race, telephone number, name of employer, address of employer and days and hours of employment.

summary

This bill allows a judgment creditor to request a court to issue an order for appearance as an alternative means of enforcing a debtor's failure to appear in court after having been served with a disclosure subpoena.