Rule 12. Disclosure

(a) Notice of Disclosure Hearing. If the judgment debt is not paid within 30 days of the date of the entry of the judgment, a judgment creditor may disclose a judgment debtor by payment of the filing fee specified in the Court Fee Schedule and filing with the clerk either

(1) a notice of disclosure hearing with a return of service if service is to be completed by the judgment creditor in accordance with subdivision (b); or

(2) a written request for disclosure hearing or if service is to be arranged by the clerk in accordance with subdivision (c).

(b) Service by Judgment Creditor . A judgment creditor who has filed 3 or more small claims actions in a calendar month shall make service of the notice of disclosure hearing on the judgment debtor as provided in Rule 4(a)(1),(2), or (3), and the return of service must be filed as provided in Rule 4(e) except that it must be filed no later than 2 days prior to the hearing. The judgment creditor must obtain a hearing date and time from the clerk, and the notice of disclosure hearing shall contain that date and time.

(c) Service by Clerk. A judgment creditor who has filed fewer than 3 small claims actions in a calendar month shall have the option of making service of the notice of disclosure hearing on the judgment debtor as provided in Rule 4(a)(1), (2), or (3), or of making a written request to the clerk to arrange for service, as set forth below. A judgment creditor who requests that the clerk arrange for service shall

(1) provide the service address for the defendant;

(2) file an affidavit stating that the judgment creditor has filed fewer than 3 small claims actions statewide during that calendar month; and

(3) pay to the clerk a fee specified in the Court Fee Schedule. Service by the clerk shall be by the method described in Rule 4(a)(1). If service cannot be completed by that method, the clerk shall deliver the notice of disclosure hearing to the judgment creditor so that the judgment creditor may arrange for service by Rule 4(a)(3) except that such service may be made in hand only.

(4) If the court has approved a judgment creditor's request to have service costs paid by the court pursuant to M.R. Civ. P. 91(c), the judgment creditor can request that the clerk arrange for service by the method described in M.R.S.C.P. Rule 4(a)(1) or (a)(3) as provided by the court's order on the judgment creditor's fee waiver request.

(d) Time of Notice. The notice of disclosure hearing must be served upon the judgment debtor not less than 7 days prior to the disclosure hearing.

(e) Disclosure Proceedings. Disclosure proceedings shall comply with the requirements of 14 M.R.S. § 3120 et seq., except that the subpoena and execution requirement of those sections shall be met by the notice of disclosure hearing described above.

(f) Enforcement of Judgments in Other Actions. Nothing herein shall prohibit or prevent a judgment creditor from obtaining an execution and from proceeding to enforce a judgment in the same manner as in other actions.