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Maine Alliance for Road Associations

Has any road assoc formed as a non profit succeded in collecting road fees?

  • 11 Sep 2013 10:20 PM
    Quote
    Message # 1386994
    Deleted user
       We are a non-profit formed in 1975, has anyone from a non profit been successful in collecting from non-payers in small claims court? We seem to be operating as a statutory by the way our by-laws are formed. At our last meeting we ammended our by-laws to reflect the Penalties and process for non-payment at the recommendation of an attorny. any thoughts? 
  • 12 Sep 2013 11:22 AM
    Quote
    Reply # 1387644 on 1386994
    Deleted user
    We are a road association formed under Title 23 M.R.S. sec. 3101 et seq and had trouble being a Plaintiff in small claims court, as an unincorporated association I was concerned given the Tisdale precedent as amended the complaint to substitute me as a person in my capacity as the road commissioner, in lieu of the association and the court denied the motion and said that  the case would be dismissed unless we were represented by an attorney. We hired an attorney and now are defending a motion to dismiss that the defendant is raising the defense the case involves a title to real estate issue ( which it does not) and that the small claims court has no jurisdiction. So we are now on a bit of a runaway train.
  • 18 Sep 2013 2:44 PM
    Quote
    Reply # 1392542 on 1386994
    Anonymous member
    It seems that the road association cases in small claims court may not have fared as well (for whatever reason) as the early tests of the 2009 legislation might have promised. Another way though not as speedy has been written into 2013 law. It will be effective on October 9 and posted then at http://www.mainelegislature.org/legis/statutes/23/title23sec3101.html

    If you want to check out what this way is, ls -- google Goodall bill on this site under Resources and look at the section on filing claims with the Registrar of Deeds.

  • 02 Feb 2014 4:37 PM
    Quote
    Reply # 1488800 on 1386994
    Deleted user
    We have been 100% successful in small claims court in the past.  Key is to have a current lien in place, copy of the billing and the by-laws.

    SWG

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