A. If the renewal writ further attested copy of the final judgment is filed or recorded before the expiration of the 20-year period of the original writ of execution attested copy of the final judgment, the renewal writ further attested copy of the final judgment relates back to the date that the original writ of execution attested copy of the final judgment was filed or recorded and prevents the expiration of the lien.

B. A lien created pursuant to this section when the date of the recording of the writ of execution in the registry of deeds is more than 18 years prior to the effective date of this subsection may be renewed as provided in this subsection if the renewal writ or attested copy of the final judgment is recorded within 2 years of the effective date of this subsection.

Sec. 4. 14 MRSA §4652 is repealed.

Sec. 5. 14 MRSA §4654 is amended to read:

§4654. Execution not timely; motion against debtor

When execution is not issued within the times time prescribed by sections 4652 and section 4653, motion against the debtor may be made to show cause why execution on the judgment should not be issued, and if no sufficient cause is shown, execution may be issued thereon.

SUMMARY

The purpose of this bill is to ease congestion in the courts by eliminating the requirement that executions be issued by the clerks to initiate disclosure proceedings and to perfect liens. Under this bill, attested copies of final judgments of any court in the State, whether state or federal, are used for these purposes, with the liens subject to the debtor's statutory exemptions. In addition, this bill repeals the limitation that executions issue within one year of final judgment.