Small Claims in Maine, Maine State Bar Association, Lawyer Referral Service

Small Claims in Maine

Disputes involving amounts of $4,500 or less are generally settled through Small Claims court in the state district court system. These cases usually involve rent and security deposits, money paid for unsatisfactory services or products, or unpaid bills. Cases must start with an effort to reach agreement through mediation, but if no agreement is reached, the parties will go before the judge and each have a chance to present witnesses, evidence, and arguments for their side. Most often people do not hire lawyers for Small Claims matters. All the forms and directions for going through Small Claims are available at the district courts, and on the State of Maine courts and corrections website.

Whichever side you are on, it is essential that you follow the process correctly, collect and submit all the required information, and do everything within the directed time frame. Failure to respond correctly, or to show up in court, may give the other side an automatic win.

Small Claims court decisions may be appealed under certain conditions, and actually collecting payment of court-ordered judgments may take additional legal steps. Some lawyers in our referral service list will provide limited services, such as reviewing your case and helping you prepare paperwork, for less than they would charge to represent you from start to finish. Research ahead of time can help you decide if your case will be likely to pay off in the end.

Legal Terms and Definitions Related
to Small Claims

Statement of Claim – This is the first form filed with the court by someone seeking payment or remedy for a wrong from another person. It asks for all of the specific who/what/where/when information, copies of any contracts or receipts, and what the filer wants the court to make the other party do or pay.

Service – This is the official delivery of written notice to the person being sued. It can be done by mail, by a court clerk, or by a sheriff. You will have to pay a fee for Service by a court clerk or sheriff, but this method is generally more effective than service by mail.

Hearing Date – This is the date the court sets for the first meeting in court on your matter.

Request for Continuance – If the court sets a hearing date that presents significant problems for you, you can ask that they postpone the date by submitting a Request for Continuance, a letter to the court explaining why you need the date changed. Send a copy to the other party. The other party can agree or object. The decision will be made by the judge.

Subpoena – This is the official order from the court that requires someone to appear as a witness in court, even if they don’t want to. If you request that the court subpoena someone as a witness on your behalf, you will have to pay the witness a small fee, plus mileage.

Default Judgment – A judgment made against a defendant who does not appear in court when called to do so. The judge may or may not ask the person who initiated the lawsuit for some explanation before issuing a default judgment.

Under Advisement – This is the term the judge will use if he/she decides to think about the case for a while before making a decision. So you may leave court not knowing who won, or what will happen. The court will eventually send both sides a written Notice of Judgment describing the judges decision, and directing what each side must do.

Disclosure Hearing – If the person who has been ordered by the court to make payments does not do so within 30 days, the person who is owed payment may call the debtor back to court to reveal under oath before the judge all their income and assets that can be used to pay the debt. Some income, like veterans and social security benefits, are not counted toward ability to pay.

These definitions cover only some of Maine’s Small Claims process.

For more information, go to www.maine.gov

For referral to an attorney, call us