Maine Motion for Hearing on Employer Earnings Withholding
Maine Motion for Hearing on Employer Earnings Withholding
Before filing: Use this motion after the employer or other payor serves its answer to a court order to withhold earnings under 14 M.R.S. § 3127-B. Subsection (3) permits the judgment debtor or creditor to request a hearing by motion within 20 days of service of the employer's answer. Serve the motion on both the other party and the employer or payor. If the ordinary period has passed, ask counsel whether an enlargement is available under the rule referenced in § 3127-B(7); this motion does not itself extend the time.
Court: [NAME OF COURT]
County: [COUNTY], Maine
Case number: [NUMBER]
| Party | Role |
|---|---|
| [JUDGMENT CREDITOR] | Judgment creditor |
| v. | |
| [JUDGMENT DEBTOR] | Judgment debtor |
Motion
I, [JUDGMENT DEBTOR], request a hearing under 14 M.R.S. § 3127-B(3) to determine what amount, if any, of my earnings [EMPLOYER OR PAYOR] should pay to the judgment creditor. I ask the court to review the employer's answer and the records attached to this motion before continuing, reducing, or terminating withholding.
- Order and answer. The court's order to withhold and answer is dated [__/__/____]. The employer or payor is [NAME AND ADDRESS]. It served its answer on me on [__/__/____]. The answer reports [AMOUNT] in disposable earnings and calculates [AMOUNT] for withholding. A copy is attached.
- Underlying debt. The judgment concerns ☐ an ordinary money judgment ☐ support ☐ a state or federal tax debt ☐ a bankruptcy order ☐ another debt: [DESCRIBE]. I ask the court to identify the applicable branch of § 3126-A before applying a weekly limit. I do not claim that the ordinary subsection (3) limit governs a debt excluded by subsection (6).
- Exempt-only income, if applicable. ☐ My money and earnings are only from sources exempt from attachment and execution under 14 M.R.S. §§ 4421-4426. The sources, amounts, and records are: [DETAILS]. I ask the court to apply § 3126-A(2) and determine whether withholding should end.
- Weekly earnings calculation, if applicable. For each disputed workweek, the attached schedule identifies total earnings, required deductions, disposable earnings, any exempt income used in the statutory calculation, the amount withheld, and the applicable federal and Maine minimum hourly wage. For an ordinary judgment, I ask the court to apply the least of the three limits in § 3126-A(3), using the higher applicable minimum wage for paragraph B. My calculation and the reason it differs from the employer's answer are: [FACTS AND AMOUNTS].
- Ability to pay and other orders. My reasonable living needs and those of my dependents are [FACTS]. Other orders or wage assignments, if any, are [DESCRIBE AND ATTACH]. I ask the court to consider the factors in § 3126-A(4).
- Documents. I attach [ORDER TO WITHHOLD AND ANSWER; EMPLOYER ANSWER; PAY STUBS; BENEFIT RECORDS; MINIMUM-WAGE CALCULATION; PRIORITY ORDERS; OTHER SUPPORT].
I request a hearing and an order stating the amount, if any, that may be withheld from my earnings. If the court reduces or terminates withholding, I also request that it consider reimbursement under § 3127-B(3) for any amount the evidence shows was improperly withheld.
Judgment debtor's signature: ______________________________ Date: [__/__/____]
Printed name: [NAME]
Mailing address: [STREET, CITY, STATE, ZIP]
Phone: [NUMBER] Email: [EMAIL]
Service record
I served this motion and its attachments on the judgment creditor or counsel, [NAME AND ADDRESS], and the employer or other payor, [NAME AND ADDRESS], on [__/__/____] by [METHOD AND DELIVERY DETAILS].
Signature: ______________________________ Date: [__/__/____]
Official sources
About this template
- Last updated
- November 3, 2026
- Citations checked
- November 3, 2026
- Jurisdiction
- Maine
- Category
- Litigation & Court Documents
Legal authority
- 14 M.R.S. § 3127-B(1)-(3), (7)
- 14 M.R.S. § 3126-A(1)-(4), (6)-(7)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 3, 2026.
14 M.R.S. § 3127-B(3), motion period (checked November 3, 2026): "Within 20 days of the service of the answer of the employer or other payor of earnings"
14 M.R.S. § 3127-B(3), service (checked November 3, 2026): "The motion must be served on the employer or other payor as well as the other party."
14 M.R.S. § 3127-B(3), relief (checked November 3, 2026): "If the court terminates withholding or reduces the amount withheld, the court may order appropriate reimbursement"
14 M.R.S. § 3126-A(2) (checked November 3, 2026): "The court may not order a judgment debtor to make installment payments if the judgment debtor is receiving or will receive money or earnings only from a source or sources exempt"
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