Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. No execution running against the body shall be issued unless, where the law expressly permits such execution, it is so ordered by the court after motion and hearing for good cause shown. In addition to the procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution, as provided by law, the judgment creditor or a successor in interest when that interest appears of record, may obtain discovery from any person in the manner provided in these rules; provided that discovery may be obtained against the judgment debtor only in connection with a disclosure proceeding pursuant to 14 M.R.S.A. §§ 3120-3136 and only upon the order, entered on motion for good cause shown, of the District Court in the division in which such proceeding is pending.
Rule 69.Execution
Last amended September 23, 1971 · Last verified July 8, 2026
In one sentenceRule 69 makes a writ of execution the standard tool for enforcing a money judgment, reserves body execution for a court order on good cause shown, and lets a judgment creditor use ordinary discovery to find assets to satisfy the judgment, except that discovery against the judgment debtor personally requires a separate disclosure proceeding.
Full Text of Rule 69
Advisory Committee’s Notes & Reporter’s Notes
Advisory Committee's Note — September 23, 1971
This amendment is made necessary by the enactment of 1971 Laws, ch. 408, which makes major changes in the procedure for obtaining satisfaction of a money judgment. That enactment adds a new Chapter 502 to Title 14 M.R.S.A., replacing the present disclosure proceedings of Title 14 with a hearing before a district judge. The Act also repeals provisions of 14 M.R.S.A. §§ 253, 254, 3251-3951, for arrest on execution by writ of capias, leaving only the provision of 14 M.R.S.A. § 3701, as amended, that “In any civil action, except where express provision is by law made to the contrary, an execution shall not run against the body of the judgment debtor.” Capias execution thus remains available in only a few situations where it is expressly authorized. See, e. g., 14 M.R.S A. § 6852 (proceeding for fees by surveyor retained in real action); 14 M.R.S.A. § 7105 (proceeding against attorney for failure to pay over collection proceeds); 22 M.R.S.A. § 3452 (proceedings for nonsupport of relatives). In all other actions, a capias to bring in to the disclosure hearing and contempt proceedings are the only sanctions that the creditor has against the recalcitrant debtor.
The amendment not only makes the rule consistent with the new statutory procedure, but makes clear that, regardless of present statutory language, the court will permit capias executions even where statutorily authorized only upon a showing of good cause. In view of the availability of the disclosure procedure even in cases where capias may be had, proper occasions for use of the capias will be rare. Also a question of the constitutionality of the remaining statutory provisions for arrest or capias may be raised in light of the 1971 repeal of the provision for release of the judgment debtor upon his taking the poor debtor's oath. 14 M.R.S.A. §§ 3702-3721, repealed by 1971 Laws, ch. 408, § 6.
Consistent with the purpose of the statute to focus all enforcement proceedings in the disclosure hearing before a District Court judge, the amended rule permits discovery against the judgment debtor only in connection with such a hearing and in the court where the hearing is pending. A showing of cause, as, for example, that the books of a corporate debtor are so complex as to require preliminary examination, is required for all forms of discovery against the judgment debtor.
Advisory Committee's Note — October 1, 1970
Existing Rule 69 by its terms makes only depositions available in aid of execution on a judgment. The amendment makes clear that all the discovery devices are available.
Explanation of Amendment
(Dec. 1, 1959)
The second sentence was believed necessary, in view of the single form of action, to avoid confusion as to use of capias executions.*
Reporter's Notes — December 1, 1959
This rule incorporates by reference the existing statutory procedure for execution and levy. It provides, however, that in supplementary proceedings any person, including the judgment debtor, may be examined in the manner provided in these rules for taking depositions.
* See Field, McKusick & Wroth, Maine Civil Practice at § 69.1 (2d ed. 1970).
Plain-English Summary
A money judgment is enforced through a writ of execution unless the court directs otherwise, and execution against a debtor's body cannot issue, even where the law expressly allows it, without a court order entered after motion, hearing, and good cause shown. Beyond ordinary execution, a judgment creditor, or a successor in interest whose interest appears of record, can obtain discovery from any person under the rules' usual discovery procedures to help enforce or aid the judgment. The one exception is the judgment debtor personally: discovery against that debtor can be obtained only in connection with a disclosure proceeding under 14 M.R.S.A. §§ 3120-3136, and only on a District Court order, entered on motion for good cause shown, in the division where that proceeding is pending.
Frequently Asked Questions
What is the standard way to enforce a Maine money judgment?
A writ of execution, unless the court directs otherwise.
Can a judgment creditor take discovery from the judgment debtor to find assets?
Only through a disclosure proceeding under 14 M.R.S.A. §§ 3120-3136, and only on a District Court order entered on motion for good cause shown; discovery against other people can proceed under the ordinary discovery rules.
When can execution be taken against a debtor's body?
Only where the law expressly permits it, and only if the court orders it after a motion and hearing for good cause shown.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 69), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: writ of execution Maineenforcing a money judgmentdisclosure proceedingdiscovery in aid of execution