How do I file a small claims case in Maine to recover money someone owes me?
A small claims action in Maine is a simple, informal way to ask the District Court to order someone to pay money you are owed. The District Court has jurisdiction over small claims and may grant monetary relief and limited equitable relief, with procedures set by court rules and statute. See 14 Me. Rev. Stat. § 7481.
A small claim must be filed in the District Court division where the transaction happened, where the defendant lives, or where the defendant has a place of business. Special procedures on commencement, service, notice, hearing, judgment, and appeals are set by the Supreme Judicial Court rules. See 14 Me. Rev. Stat. § 7483 and 14 Me. Rev. Stat. § 7484-A.
Current Maine law
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The deadline that matters
If you start the action by filing the complaint, the return of service generally must be filed within 90 days after filing the complaint under Me. R. Civ. P. 3.
What Maine law says
The statute establishing small claims says the District Court provides a simple, speedy, informal proceeding and may grant monetary and limited equitable relief. See 14 Me. Rev. Stat. § 7481. A claim must be brought in the division where the transaction occurred, where the defendant resides, or where the defendant has a place of business. See 14 Me. Rev. Stat. § 7483. The Supreme Judicial Court adopts rules covering commencement, fees, notice, hearings, judgment, appeals and postjudgment steps. See 14 Me. Rev. Stat. § 7484-A. A judgment in small claims is res judicata as to the amount in controversy, and the only recourse from an adverse decision is by appeal. See 14 Me. Rev. Stat. § 7485. Procedural rules about commencing actions and filing returns of service appear in the Maine Rules of Civil Procedure, including Rule 3. See Me. R. Civ. P. 3. For appeals to Superior Court after a small claims judgment, see Rule 80L. See Me. R. Civ. P. 80L.
What to do
A common first step is to gather documents that show the debt and prepare a filled claim form and an evidence checklist.
A common next step is to decide where to file: the division where the transaction happened, where the defendant lives, or where the defendant has a place of business, per 14 Me. Rev. Stat. § 7483.
A common option is to file the complaint with the court or commence by service, remembering the timing rules in Me. R. Civ. P. 3 about filing or returning proof of service.
A common follow up is to serve the defendant and keep records of service and all evidence, since rules adopted under 14 Me. Rev. Stat. § 7484-A govern service and notice.
A common later step is to be prepared for a hearing or settlement, and to review appeal procedures if needed under Me. R. Civ. P. 80L.
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Common questions
Where should I file my small claim in Maine?
A small claim must be filed in the District Court division where the transaction occurred, where the defendant lives, where the defendant has a place of business, or where the registered agent of a business defendant resides. See 14 Me. Rev. Stat. § 7483.
What can the District Court award in small claims?
The District Court may grant monetary relief and limited equitable relief such as return, reform, refund, repair or rescission, under 14 Me. Rev. Stat. § 7481.
If I file a complaint, how long do I have to file proof that the defendant was served?
Under Me. R. Civ. P. 3, if an action is commenced by filing a complaint, the return of service generally must be filed within 90 days after the filing of the complaint.
If I bought the debt I am collecting, must I tell the court?
Yes, if the plaintiff has purchased the debt being collected in the proceeding, the plaintiff must include with the complaint a statement listing the name and address of the original creditor, as required by 14 Me. Rev. Stat. § 7484-A.
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This is legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
