Auburn, ME asked in Civil Litigation for Maine

Q: How do I go about delaying a writ of execution in the state of maine for a defaulted auto loan

and can I counter sue FORD MOTOR COMPANY as I have learned yesterday I was never notified when and where I could of bought back the truck and the truck had been repo. on private property

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1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Yarmouth, ME
  • Licensed in Maine

A: If judgment has entered against you, you can possibly appeal if the time period to file an appeal has not run. There may also be a lack of notice issue, but I can't tell from these facts. In any event, if judgment has entered, it would not be a counterclaim, you would need to bring a new lawsuit against Ford as the plaintiff. Finally, the fact that the truck was repossessed on private property, standing alone, does not give rise to any claims (typically, there needs to be a breach of the peace, which involves a very fact-specific analysis).

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