Maine Installment Payment Orders After a Small Claims Judgment

Wage Collection in Maine Works Differently Than You'd Expect

Maine's ordinary process starts with installment payment orders under 14 M.R.S. § 3126-A — court orders directing the debtor to make periodic payments based on their ability to pay. If the debtor fails to appear after being subpoenaed or fails to make at least two installment payments, the court may approve an order directing the debtor's employer or other payor to withhold and answer under 14 M.R.S. § 3127-B.

The distinction matters. An installment order is directed at the debtor, not their employer. It comes out of a disclosure hearing where the judge evaluates what the debtor actually earns and can afford. It's a more involved process than mailing a form to an employer, but it accounts for the debtor's full financial picture.

How the Order Gets Created

An installment payment order normally follows a disclosure hearing. Under 14 M.R.S. § 3125(2), the court may also enter an agreed order without the parties appearing if they submit a written agreement with the debtor's signed affidavit. For a hearing, you file the request ($30 entry fee), the debtor is subpoenaed to appear and bring financial records, and the judge examines the debtor under oath about their income, expenses, debts, and assets.

If the debtor has non-exempt income — meaning earned wages or other compensation beyond what's legally protected — the judge can enter an order requiring regular payments toward your judgment. The order specifies the payment amount and may set the time, place, and manner of payments.

The Three-Way Cap on Payment Amounts

The maximum weekly installment payment is the least of three figures calculated under § 3126-A(3):

1. 25% of the sum of disposable earnings and exempt income for that week
2. The amount by which the sum of disposable and exempt income exceeds 40 times the applicable minimum wage (federal or Maine state minimum, whichever is higher)
3. Total disposable earnings for that week

"Disposable earnings" means what's left after mandatory legal deductions — federal and state income tax, FICA, Medicare. Voluntary deductions like 401(k) contributions, union dues, or health insurance premiums are not subtracted.

In practice, the 40-times-minimum-wage floor protects low-wage workers. If the debtor earns close to minimum wage, the calculation often yields a very small payment or none at all. The 25% cap prevents the order from taking more than a quarter of combined income.

Example: A debtor earning $800 per week gross, with $640 disposable after taxes, and Maine's 2026 minimum wage at $15.10/hour (40 × $15.10 = $604):

• 25% of ($640 + exempt income) — depends on exempt sources, but if none: 25% × $640 = $160
• Excess over $604: $640 − $604 = $36
• Total disposable: $640

The order would be capped at $36/week — the lowest of the three.

Income That's Completely Off Limits

If the debtor's entire income comes from statutorily exempt sources, the court cannot enter an installment payment order at all. Under § 3126-A(2), fully exempt income includes:

• Social Security retirement and disability benefits
• Supplemental Security Income (SSI)
• Veterans' benefits
• Unemployment compensation
• Public assistance and welfare payments

A debtor living solely on Social Security and SSI has zero disposable earnings under this statute. The judge enters a finding of inability to pay and the disclosure proceeding ends without an order.

When the Debtor Stops Paying

Missed payments don't automatically trigger enforcement. But § 3126-A gives you specific remedies:

After 2 or more missed payments: You can file an ex parte motion and supporting affidavit asking the court to order the Maine Department of Labor to disclose the debtor's current or most recent employer and wage history (§ 3126-A(8)). This is valuable when the debtor changed jobs without telling you — the DOL records reveal where the new paychecks are coming from.

Contempt motion: Under 14 M.R.S. § 3136, the court may find a debtor in civil contempt for disobeying an installment order only if the debtor has the present ability to comply. If the debtor cannot pay, contempt is not available under this test.

Request a new disclosure hearing: If you suspect the debtor's financial situation has changed — new job, new assets, inheritance — file for another hearing, subject to the six-month limit unless the court grants a motion showing good cause (14 M.R.S. § 3124). The court can modify the payment amount up or down based on current circumstances.

Modification Goes Both Ways

Either party can petition to modify an installment order when financial circumstances change materially. If the debtor gets a raise, you can ask for higher payments. If the debtor loses their job, they can ask the court to reduce or suspend payments.

This flexibility means an installment order isn't a fixed instrument like a judgment lien. It adjusts to reality. That makes it practical for steady collection when the debtor has regular employment, but less useful for debtors with volatile or irregular income.

Where Installment Orders Fit in the Enforcement Sequence

Installment orders work best as a primary enforcement tool when the debtor has steady employment but limited other assets. If the disclosure hearing also reveals a bank account, you might pursue trustee process to freeze the account for a lump-sum recovery while the installment order handles ongoing income. If the debtor owns real estate, a judgment lien secures the debt against the property while installment payments chip away at the balance.

The Maine judgment collection guide maps out how these tools work together — which to pursue first based on what the disclosure hearing reveals, and how to escalate when one tool isn't enough.

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