Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT HEADING: PL 1987, C. 402, PT. A, §173 (RPR)
Subchapter 2: DEBT COLLECTION ACTIVITIES
§11017. Repossession activity
1.Right to take possession after default.
A debt collector acting on behalf of a creditor may take possession of collateral only if possession can be taken without
entry into a dwelling, unless that entry has been authorized after default and without the use of force or other breach of
1993, c. 126, §3 (NEW)
2.Return of private property.
A debt collector shall inventory any unsecured property taken with repossessed collateral and immediately notify the consumer
that the property will be made available in a manner convenient to the consumer.
1993, c. 126, §3 (NEW)
3.Special treatment for necessary medical device or equipment in a repossessed vehicle.
A consumer who has unsecured property taken when a vehicle is repossessed pursuant to Title 29-A, section 665, subsection
6 may have that property returned by complying with this subsection.
The consumer shall notify the debt collector that:
A. Unsecured property was taken with a repossessed vehicle; [2009, c. 45, §2 (NEW).]
B. The unsecured property includes a medical device or equipment necessary for health or welfare; and [2009, c. 45, §2 (NEW).]
C. The consumer does not have practicable means to retrieve the medical device or equipment. [2009, c. 45, §2 (NEW).]
If the consumer makes a reasonable request for the return of the medical device or equipment, the debt collector shall arrange
to have the medical equipment or device promptly returned to the consumer. If the debt collector incurs expenses in actually
returning the medical device or equipment to the consumer, those reasonable expenses are considered a reasonable charge incurred
in realizing on a security interest in personal property, pursuant to Title 9-A, section 3-402, subsection 1, paragraph B,
which may be added to the consumer's indebtedness.
2009, c. 45, §2 (NEW)
1993, c. 126, §3 (NEW).
2009, c. 45, §2 (AMD).
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