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[ME] Can a tenant appeal the judge’s ruling to grant a writ of possession for eviction?
I went to court today for an eviction hearing. We didn’t end up doing the full hearing but came to an agreement between both parties. It was decided we will be granted the writ of possession, but we’re not to serve it before 6/15. I was wondering if there’s any ability for the tenant to appeal an agreement like this. It was made with us and the judge present, but we didn’t have a full hearing.
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In Maine, if both parties reached an agreement in court and the agreement was made on the record with the judge’s acknowledgment or involvement, it is generally treated as a binding court order or stipulated judgment.
When a judgment is entered based on an agreement (sometimes called a stipulated judgment), the tenant’s ability to appeal is very limited.
Here’s why:
- A party can normally appeal only if there was a trial or hearing that resulted in an adverse ruling.
- When the outcome is based on a mutual agreement, there typically is no right to appeal unless the tenant can prove they entered into the agreement under duress, coercion, fraud, or misunderstanding.
- Since the agreement was made in court and acknowledged by the judge, it carries the same weight as a final judgment.
If the court accepted the terms and issued a judgment for possession with a delayed writ (not to be served before June 15), your right to serve that writ after June 15 should stand firm.
The only exception would be if the tenant files a motion to set aside or vacate the judgment — but that’s rare and would require a strong showing that the agreement wasn’t voluntary or that there was some procedural error.
In short:
- The agreement is binding.
- The tenant has almost no ability to appeal a mutually agreed judgment.
- After June 15, you are within your rights to serve the writ of possession unless the court issues a new order delaying it.
If you’d like to be extra cautious, you can confirm with the court clerk that the stipulated agreement was entered into the record as a judgment for possession — that way, there’s a clear record protecting your right to act after the agreed date.
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Hello, I went to court today for an eviction hearing. We didn’t end up doing the full hearing but came to an agreement between both parties. It was decided we will be granted the writ of possession, but we’re not to serve it before 6/15.
Lexi, Chatbot
I understand the situation with the eviction hearing. Can you tell me more about the agreement reached between both parties?
I was wondering if there’s any ability for the tenant to appeal an agreement like this. It was made with us and the judge present, but we didn’t have a full hearing.
Lexi, Chatbot
Were there any specific terms or conditions outlined in the agreement regarding the writ of possession not being served before 6/15?
There were no additional terms — they just need to vacate by the 15th, or we can serve them after that.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Richard
Hello — my name is Richard, and I’ve been a licensed attorney for over 25 years. I’m glad you reached out. Please note that this site is for general information only and does not create an attorney–client relationship.
What state are you in?
I am in Maine.
Richard
In Maine, if both parties reached an agreement in court and the agreement was made on the record with the judge’s acknowledgment or involvement, it is generally treated as a binding court order or stipulated judgment.
When a judgment is entered based on an agreement (sometimes called a stipulated judgment), the tenant’s ability to appeal is very limited.
Here’s why:
- A party can normally appeal only if there was a trial or hearing that resulted in an adverse ruling.
- When the outcome is based on a mutual agreement, there typically is no right to appeal unless the tenant can prove they entered into the agreement under duress, coercion, fraud, or misunderstanding.
- Since the agreement was made in court and acknowledged by the judge, it carries the same weight as a final judgment.
If the court accepted the terms and issued a judgment for possession with a delayed writ (not to be served before June 15), your right to serve that writ after June 15 should stand firm.
The only exception would be if the tenant files a motion to set aside or vacate the judgment — but that’s rare and would require a strong showing that the agreement wasn’t voluntary or that there was some procedural error.
In short:
- The agreement is binding.
- The tenant has almost no ability to appeal a mutually agreed judgment.
- After June 15, you are within your rights to serve the writ of possession unless the court issues a new order delaying it.
If you’d like to be extra cautious, you can confirm with the court clerk that the stipulated agreement was entered into the record as a judgment for possession — that way, there’s a clear record protecting your right to act after the agreed date.
Richard
Richard
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