[ME] Can the tenant appeal an agreement that was made in court without a full eviction hearing?
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 are not to serve it before 6/15.
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In Maine, if both parties reached an agreement in court and it was made on the record with the judge present, it is generally considered a binding court order or stipulated judgment.
Appealability of the Agreement:
Under Maine law, a party can usually only appeal a judgment if there was a trial or hearing that resulted in an adverse ruling. (14 ME Rev Stat § 6008(1))
If the judgment was based on a mutual agreement, there is typically no right to appeal unless the tenant can show:
- They entered into the agreement involuntarily,
- Or under duress,
- Or there was fraud or misrepresentation.
Since there was no full hearing, and instead a negotiated agreement was made in court, the tenant would likely not have grounds for a standard appeal.
However, they could potentially file a motion to set aside or vacate the agreement — but only in rare, limited situations, like if the agreement was not knowing or voluntary.
Writ of Possession:
Assuming the court accepted the terms and granted judgment for possession with a writ not to be served before 6/15, your rights to execute that writ after that date should stand.
The tenant would need to seek and be granted extraordinary relief by the court to stop or change that — which is rare and requires a strong legal basis.
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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 are 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 is any ability for the tenant to appeal an agreement like this.
It was made with us with 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?
Rest assured they’ll be able to help with the agreement.
No.
Richard
Hello. My name is Richard and I have been a licensed attorney for over 25 years. I hope to be of assistance.
Please note that this website is for informational purposes only — I cannot formally represent customers or perform legal services on your behalf.
I understand your question is important, and I’m working on typing an answer for you now. Thank you for your patience.
Richard
What state are you in?
Maine.
Richard
In Maine, if both parties reached an agreement in court and it was made on the record with the judge present, it is generally considered a binding court order or stipulated judgment.
Appealability of the Agreement:
Under Maine law, a party can usually only appeal a judgment if there was a trial or hearing that resulted in an adverse ruling. (14 ME Rev Stat § 6008(1))
If the judgment was based on a mutual agreement, there is typically no right to appeal unless the tenant can show:
- They entered into the agreement involuntarily,
- Or under duress,
- Or there was fraud or misrepresentation.
Since there was no full hearing, and instead a negotiated agreement was made in court, the tenant would likely not have grounds for a standard appeal.
However, they could potentially file a motion to set aside or vacate the agreement — but only in rare, limited situations, like if the agreement was not knowing or voluntary.
Writ of Possession:
Assuming the court accepted the terms and granted judgment for possession with a writ not to be served before 6/15, your rights to execute that writ after that date should stand.
The tenant would need to seek and be granted extraordinary relief by the court to stop or change that — which is rare and requires a strong legal basis.
Richard
If you have any follow-up questions, please let me know — I’d be happy to help further.
Richard
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