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Maine Civil Litigation Questions & Answers
2 Answers | Asked in Criminal Law, Landlord - Tenant, Civil Litigation and Real Estate Law for Maine on
Q: Help with boyfriend on probation hold due to false report.

My boyfriend is currently being held on a probation hold despite having never violated his probation before. He's on probation for driving without a license, and the hold seems to have been placed following an incident where a false report was made by my landlord, claiming he damaged property... View More

Hunter J Tzovarras
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answered on Jul 8, 2025

On a probation hold, the officer would have to file a motion to revoke probation within 5 days, and then he would be see by the court within 2 days of the motion being filed. Once he's seen by the court, the Judge can either set a bail or hold him to a final hearing on whether he violated... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Civil Litigation for Maine on
Q: Falsely accused of assault, ex-partner now assaulted me; concern over reporting due to breaching release conditions.

I was falsely accused of assault by my ex-partner, which led to my arrest with a no-contact order as a condition of release. Recently, she came to my home claiming to be homeless, and I allowed her to stay. She assaulted me with a glass, causing serious injury and hospitalization. Although I... View More

Hunter J Tzovarras
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answered on Apr 28, 2025

Any contact would be a violation of the condition of release. Depending on the charge for which you were placed on bail it can either be charged as a misdemeanor or felony. Her assaulting you would also subject her to possible criminal charges, but would not be a defense to a bail violation charge... View More

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1 Answer | Asked in Civil Litigation and Contracts for Maine on
Q: I sold my truck to my mom. she made a payment arrangement she passed away and she still owed $3000. Do I get the truck?
James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, where a family member passes away owing money on a private agreement, the resolution can depend on several factors. First, consider any agreement or contract you had with your mother regarding the truck. If there was a written agreement, it should detail what happens if... View More

1 Answer | Asked in Education Law and Civil Litigation for Maine on
Q: Is it vandalism if my son accidentally pulled a loose railing off at school?

My 11-year-old son was involved in an incident at school where he pulled on a loose railing in the stairwell, causing it to come off the wall. The interim principal described this as a serious vandalism incident, although he was not punished (no suspension and he could attend a field trip). They... View More

James L. Arrasmith
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answered on Oct 23, 2025

It’s understandable that you’re upset, especially since your son didn’t mean to cause damage and has never been in trouble before. For something to be considered vandalism, there generally must be intent — a purposeful act to damage or deface property. If the railing was already loose and... View More

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Civil Litigation and Gov & Administrative Law for Maine on
Q: Landowner removed mobile home without notice; fed action pending. What legal steps can I take in Maine?

I am involved in a rent-to-own agreement for a property in Sebago, Maine, where the landowner signed a consent to remove my mobile home and all my belongings without informing me. This consent is filed with the registry of deeds, and she refuses to list us as interested parties. The property has... View More

James L. Arrasmith
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answered on Oct 1, 2025

In Maine, a landowner generally cannot remove or demolish a tenant’s or buyer’s property without proper notice and a court order. Since you had a rent-to-own agreement and your contract specifies rights to the mobile home, the landowner’s actions could be seen as unlawful interference with... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Civil Litigation for Maine on
Q: Rent-to-own property issues in Maine and eviction threats due to miscommunications.

As first-time buyers, we're involved in a rent-to-own agreement for a mobile home and land on a property in Sebago, Maine, since February 2021, paying $450 monthly until 2027, totaling $33,300, with the promise of receiving the deed at full payment. The mobile home hasn't had a... View More

James L. Arrasmith
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answered on Sep 11, 2025

In Maine, rent-to-own agreements are generally treated as contracts that give you certain rights as the buyer while you make payments. Since you’ve been paying for both the land and what you believed was the mobile home, you have an interest that should be documented, and the failure to provide a... View More

1 Answer | Asked in Civil Litigation, Probate and Real Estate Law for Maine on
Q: How can I address issues regarding burial plot ownership and interference in Maine?

I handled all responsibilities after Jim's passing, including burial arrangements. Jim's mother had offered to pay for multiple burial plots as a gift, but I later discovered she put them in her name and is now using them. Additionally, she and Jim's daughter from another... View More

James L. Arrasmith
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answered on Sep 8, 2025

You can start by reviewing all documentation related to the burial plots, including deeds, receipts, and any written communications about the purchase and intended use. This will help clarify who legally owns each plot and what rights you or Jim’s family members may have.

If ownership is... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Maine on
Q: Dispute over shared driveway ownership and usage with neighbor.

I am in a legal dispute with my next-door neighbor over a shared driveway. I commissioned a survey showing the driveway is split down the middle, and my title indicates that half of it is my property. However, I received a letter from their lawyer suggesting it's entirely their property,... View More

James L. Arrasmith
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answered on Sep 2, 2025

This situation is tricky because even though your survey shows you own half of the driveway, property disputes involving easements and long-term usage can complicate ownership rights. If your neighbor or their predecessors have been using the full driveway openly and continuously for a long period,... View More

1 Answer | Asked in Contracts, Civil Litigation, Landlord - Tenant and Real Estate Law for Maine on
Q: Can I pursue legal action to get paid for cleaning after a landlord broke his promise?

I was supposed to rent a house with my girlfriend from a landlord who had evicted the previous tenants. The landlord agreed that if we cleaned the property, he would let us rent it and waive the security deposit. We waited four months because he let his friends stay there temporarily. After they... View More

James L. Arrasmith
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answered on Aug 31, 2025

Yes, you can take legal action to try to recover the money the landlord promised you. What you describe sounds like an oral contract or at least an enforceable agreement, especially since you have text messages showing that he agreed to pay you for your work. Even without a written contract, courts... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Maine on
Q: How long after property sale can buyer sue for incorrect deed information?

In 2015, I sold my property with a warranty deed, unaware that there was a release deed recorded in 1983, which I thought was clear. Now, the buyer is threatening to sue me for providing wrong information. Given the unintentional nature and my lack of knowledge, how long after the sale can the... View More

James L. Arrasmith
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answered on Aug 28, 2025

When you sell a property with a warranty deed, you are guaranteeing clear title and the right to transfer ownership. If there was an issue with a past release deed, the buyer may argue that you breached that warranty, even if you did not know about it at the time. The time limit for them to sue... View More

1 Answer | Asked in Civil Rights and Civil Litigation for Maine on
Q: Can my mom take my gifted laptop if I'm angry and living at home?

I am 19 years old and live in my mother's house. She took away my laptop, which was given to me as a gift, because I got angry. She has done this in the past with other personal items. Is she legally allowed to take away my laptop under these circumstances?

James L. Arrasmith
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answered on Aug 2, 2025

Even though you’re 19 and legally an adult, living in your mom’s home puts you under her household rules. That doesn’t mean she owns your property—if the laptop was clearly a gift to you, then legally it belongs to you. Gifts, once given and accepted, can’t usually be taken back just... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Maine on
Q: Concern about neighbor's potential adverse possession in Maine after placing No Trespassing signs.

I live in Maine, and my neighbor has been walking and occasionally parking on my property without permission, despite repeated warnings. I recently placed "No Trespassing" signs to avoid liability if someone gets injured. However, my neighbor took photos of the signs, possibly to seek... View More

Anthony M. Avery
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answered on Jul 10, 2025

You have a Boundary Dispute and must hire a ME attorney and surveyor to file suit. Otherwise you will acquiesce to any ascertainable boundary the adjacent owner claims. Worse, you could lose alot of land through adverse possession. Time is of the essence.

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1 Answer | Asked in Contracts and Civil Litigation for Maine on
Q: Can my parent claim ownership and take apart my gifted computer at 20?

I am currently 20 years old and residing with my parents in Maine. When I was 14 years old, my parents purchased a computer for me, which was intended as a late birthday present. I have been the sole user since its purchase, and at the time, they stated it was my computer. Recently, after an... View More

James L. Arrasmith
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answered on Jun 12, 2025

You’re an adult now, and if the computer was given to you as a gift—especially with the clear intention that it was yours—then legally, it likely belongs to you. In most cases, when something is gifted, ownership transfers to the recipient at that moment, regardless of who paid for it. Since... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Contracts for Maine on
Q: Legal responsibility for previous tenant's claim on conveyed property in Maine.

We purchased a property with two dwellings, both full of personal property of varying value, garbage, and intentional damage. The purchase agreement stated that all items convey with the property. The previous tenant, who is the grandson of the seller, was lawfully evicted before the property was... View More

James L. Arrasmith
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answered on Jun 12, 2025

It sounds like you've done everything by the book when you bought the property. If the purchase agreement clearly stated that all items on the premises conveyed with the sale, and the previous tenant had already been lawfully evicted with notice, your legal responsibility is likely minimal.... View More

1 Answer | Asked in Civil Litigation and Appeals / Appellate Law for Maine on
Q: Is it reasonable to file a motion to stay Superior Court proceedings to secure legal counsel?

I filed a case pro se in Superior Court, and I feel the panel chair has shown clear bias against me as a pro se claimant. I've had difficulty securing a lawyer, not due to a lack of merit but because my case is niche, and there aren't many attorneys specializing in this area. I want to be... View More

James L. Arrasmith
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answered on Jun 11, 2025

Yes, it’s absolutely reasonable to file a motion to stay proceedings in order to secure legal counsel, especially when the subject matter is complex or when you feel the process has not been impartial. Courts generally recognize that everyone has the right to fair representation and a fair... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law, Arbitration / Mediation Law, Civil Litigation and Real Estate Law for Maine on
Q: Can we recover money from a rent-to-own agreement with issues in Sebago, ME?

I have a rent-to-own agreement for a mobile home in Sebago, Maine, since February 25, 2021. The landowner never obtained a certificate of occupancy, and there's a consent agreement with the town to demolish the mobile home, which we were unaware of at the time of entering the agreement. The... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you've gone through sounds deeply unfair, and it’s understandable that you’re looking for justice. If the landowner knew the home was under a demolition order and still entered into a rent-to-own agreement with you without disclosing that, it could amount to misrepresentation or even... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Maine on
Q: Judge signed release with no conditions. Is it binding?

A judge signed the latest conditions of release for a defendant, but no conditions were checked off—only "no bail" was mentioned. The defendant was supposed to have a "no contact" condition with me, but this is absent in the signed document. Can the defendant legally contact... View More

James L. Arrasmith
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answered on Jun 7, 2025

It sounds like the court made an error in the release order by not including the "no contact" condition that you were expecting. If the judge signed a release with no conditions checked, then technically, the defendant may not be bound by conditions that aren’t explicitly written in the... View More

1 Answer | Asked in Domestic Violence, Civil Litigation and Gov & Administrative Law for Maine on
Q: How can I ensure a supplemental statement is added to a domestic violence case file in Maine? The DA received but hasn't filed it.

I'm concerned about the process of adding a supplemental statement to the case file of my boyfriend, who was charged with domestic violence. I submitted the statement to the detective as instructed by the court, who confirmed it was sent via email. A victim advocate confirmed that the district... View More

James L. Arrasmith
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answered on Jun 5, 2025

You’ve done your part by submitting the statement and confirming it reached the DA’s office. It can help to follow up directly with the DA’s victim-witness coordinator—ask if they’ve placed the statement into the official court record and request a written confirmation of filing. If the... View More

1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Civil Rights for Maine on
Q: Timeframe for mental health eval in Maine; issues with delay and incarceration.

I need clarification on the timeframe for conducting a court-ordered mental health evaluation in Maine. The evaluation was ordered on April 29th for an individual currently held at Cumberland County Jail, and as of May 18th, it has not been completed. I've seen conflicting policies, with the... View More

James L. Arrasmith
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answered on May 31, 2025

If a court-ordered mental health evaluation was supposed to be done within a specific timeframe, such as 10 or 21 days, and it still hasn’t been completed, you have grounds to raise this delay with the court. In Maine, the general expectation is that such evaluations should be prompt, especially... View More

1 Answer | Asked in Domestic Violence, Civil Litigation, Civil Rights and Gov & Administrative Law for Maine on
Q: Accused of domestic violence and experiencing stalking. What legal steps can stop harassment?

I have been accused of domestic violence, and a PFA (Protection from Abuse) order was filed against me. However, the person who obtained the PFA has been stalking and harassing me and my wife. We have filed multiple police reports documenting incidents such as being followed, having our pictures... View More

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answered on May 15, 2025

If you are experiencing ongoing harassment despite the issuance of a Protection from Abuse (PFA) order, there are several legal steps you can take to stop the harassment. First, document every incident of stalking or harassment in detail, including dates, times, locations, and any evidence such as... View More

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