What Is a Small Claims Court in Maine?
The Maine Small Claims Court is an informal court that resolves financial disputes not more than $6,000, excluding court costs and post-judgment interests. The Small Claims Court in Maine is a division of the District Court where the plaintiff seeks a monetary judgment not exceeding the court's jurisdiction amount. Examples of small claims cases include debt retrievals, refunds, contract breaches, financial disputes over deposits, and property damages. However, the Small Claims Courts in Maine do not hear cases involving property titles, name changes, bankruptcy, and family law.
Anyone aged 18 or above can file a lawsuit in the Maine Small Claims Court. Also, guardians or parents can sue on behalf of anyone below 18.
How Do Maine Small Claims Court Work?
Persons who file a case in the Maine Small Claims Court may appear pro se or hire an attorney to handle the case. At the same time, corporations or other legal entities can select an employee to represent them in court or hire an attorney. Winning the case is not dependent on whether the plaintiffs represent themselves or an attorney does. There are several cases where plaintiffs who represented themselves won the case.
A judge handles hearings in the Maine Small Claims Court without a jury. Also, the court's rules and procedures are uncomplicated and less formal to help the plaintiff and defendant resolve cases quickly. In addition, pre-hearing discovery is not available in Maine Small Claims Court. However, the court allows mediation through the Judicial Branch's Court Alternative Dispute Resolution Service (CADRES) to resolve a dispute before trial. The mediation process is free.
The Maine Small Claims Court allows both parties to bring witnesses. A witness may give sworn testimony in an affidavit if unable to attend a hearing. Also, the defendant or plaintiff may ask the court to issue a subpoena to compel a witness to participate in a hearing if the individual is unwilling.
A plaintiff in a small claims case is also called the judgment creditor, while the defendant is the judgment debtor.
A plaintiff or defendant who is not satisfied with a Small Claims Court judgment may appeal the case to the Maine Superior Court within 30 days of the original decision. Anyone who wants to appeal a small claims case must request the record of the hearing because it would be needed during the appeal process. Also, the appellant must file a Notice of Appeal and pay the required fee. In addition, the appellant will file a Transcript and Audio Order Form.
How to Take Someone to Small Claims Court in Maine
There are legal steps to follow when taking someone to Small Claims Court in Maine. These steps must be duly observed to avoid issues of any kind. For instance, plaintiffs must ensure that they fill the proper forms and provide the appropriate information.
The first step to taking someone to Small Claims Court in Maine is to fill the Statement of Claim form. This form helps the plaintiff briefly explain the situation, highlighting what happened, when it happened, the amount of money owed, and who is involved. The plaintiff must also attach any relevant document, such as a contract, bill, statement of account, invoice, and so on.
Small claims cases can be filed in the District Court of the county where:
- The event that led to the dispute happened
- The defendant resides
- Defendant's principal place of business is situated
- Defendant's registered agent resides (If the defendant is a corporation)
When completing the Statement of Claim, plaintiffs are required to input the correct legal name of the defendant. If filing a small claims suit against a business, the plaintiff must provide the company's valid name and address. Also, the plaintiff must confirm the kind of business, whether a partnership, corporation, or another type.
After filing the claim and paying the court's filing fee, the plaintiff must serve the defendant the Statement of Claim as notification of the lawsuit. There are different ways to serve a small claims defendant:
- Service by the court clerk's office: Plaintiffs who do not file up to three small claims monthly may ask that the clerk's office arrange the service of the Statement of Claim. In this case, the plaintiff will file an Affidavit and Request for Service form and pay the required fee for each defendant.
- First-class mail, postage prepaid: When using this method, the plaintiff will enclose a copy of the completed Statement of Claim with other attachments, including two copies of the Notice of Service form in a self-addressed envelope. The self-addressed envelope is what the defendant will use to answer the claim. Suppose the defendant refused to sign, complete, and return the service in 20 days. In that case, the plaintiff must use another method to send the Notice of Service.
- Certified mail: This method requires that the plaintiff gets a green-certified mail card at the post office and attaches it to a first-class postage-prepaid envelope. This is a restricted delivery that allows just the defendant to sign the letter of service. After the defendant signs, the post office will return the card to the sender. Otherwise, the post office will notify the plaintiff that the defendant has refused to sign after three weeks of sending the mail. If this method turns unsuccessful, the plaintiff will have to resort to arranging service by the sheriff's office.
- Sheriff's office: Plaintiffs can only use the sheriff's office in the county where the defendant lives or the mail location of the business. This process requires that the plaintiff provide two copies of the Statement of Claim and other attachments to the sheriff's office. The two copies include the original document and a photocopy. The second page of the Statement of Claim form, which has the return of service details, must be included. The sheriff's office will return the original copy of the Statement of Claim to the plaintiff with the completed return of service information. Additional information like the defendant's physical address, which is different from their mailing address, will help the sheriff's office carry out a better service. The required fee for this method varies according to the sheriff's office.
After receiving the completed return of service, plaintiffs have 20 days to mail or submit certain documents in person to the appropriate Small Claims Court. The required documents are
- Original copy of Statement of Claim
- Evidence of service
- Evidence of filing fee payment.
Once the service procedure is over, the court clerk will notify the two parties involved of the date of the hearing. The notification will be done via mail. In case of a change of address, such individuals must immediately inform the court.
Before the hearing, the judge may ask the plaintiff and defendant to resolve their disputes amicably outside the court. This process involves a trained mediator, and it is free. If mediation helps settle the case, the parties must submit an agreement to the judge. If approved, the agreement substitutes as a final judgment from the judge.
How Much Can You Sue For in Maine Small Claims Court?
The maximum amount anyone can sue for in Maine Small Claims Court is $6,000.
How to Defend Yourself in Maine Small Claims Court
It is possible to win a small claims case with a good defense. As such, before the hearing, a defendant should have gathered relevant information and documents to fight the case. Some of these documents include bills, receipts, contracts, invoices, emails, letters, photographs, etc.
It is essential to have detailed notes on events related to the case, including the place of the event, date, and time, if possible. More importantly, contacting a lawyer for assistance can help a defendant appearing pro se. Also, bringing a witness to the court can help substantiate one's side of the case. When presenting the case to the judge, both parties are obligated to speak the truth as they would be under oath.
As a first-timer in the Small Claims Court, individuals can prepare themselves by attending other small claims sessions. All small claims hearings are public. The clerk's office can give the dates of hearings.
Defendants are allowed to file a separate case if they believe they have a claim of their own. The hearing of the two cases may even be scheduled for the same day.
How Long Do You Have to Take Someone to Small Claims Court in Maine?
Small Claims Courts in Maine have statutes of limitations that set the maximum time a person has to file a lawsuit once an incident (loss, damage, injury) occurs. When this period expires, the affected party no longer has the right to take the case to the Maine Small Claims Court or any other civil court. These periods are as follows:
- Disputes based on written contracts must be filed within six years
- Conflicts that arose from oral agreements must be filed within six years
- Debt cases must be filed within six years.
- Property damage cases must be filed within six years
- Personal injury cases must be filed within six years
What Happens If You Don't Show Up for Small Claims Court in Maine?
The absence of either party at a hearing in the Small Claims Court has its consequences. The plaintiff's absence may result in the dismissal of the case with or without prejudice. On the other hand, if a defendant does not show up, such an individual may lose the case without getting a chance to fight the case and be liable for damages awarded to the plaintiff.
However, either party may request a continuance in writing from the court if they will not be present at the hearing due to an emergency or any other substantial reason. A continuance is the postponement of a court hearing. The opponent may not agree to the continuance. However, even if the other party disagrees with the rescheduling, the person should submit a written request to the court. The request must contain the date of request, name and address of the court, names of the plaintiff and defendant, docket number, reason for the request, and the original date of hearing. If the judge grants the continuance, the clerk's office will notify the parties of the new hearing date.
What are Small Claims Court Records in Maine?
Maine Small Claims Court records contain information on small claims cases, such as the names of the plaintiff and defendant, amount of dispute, judgment, and more. Court records are public according to Maine law and are available to anyone, except under certain conditions.
Where Can I Find Maine Small Claims Court Records?
Maine Small Claims Court records are available at the District Courts, where members of the public can access them. To find Small Claims Court records in Maine, interested persons must submit a Record Search Request Form. Requests cannot be sent via email or fax. The courts accept only mail or in-person requests at the Judicial Branch Service Center.
The record search fee is $20 per name, per box checked. Requesters can pay with a credit card, check, or money order. The individual may pay in cash if the request is submitted in person. The time frame in receiving the record requested depends on the number of names checked. 1-5 names require five working days to search, 6-10 names will take 30 working days, 11-15 names will take 45 working days, 16-20 names will require 60 working days, and the court clerk will determine the processing time for 21 names and above. Alternatively, Maine Court records can be accessed online wherever eFiling is available. Interested people may visit the Odyssey Portal to find the court records of their choice.
