Maine Small Claims Forms

Maine Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Maine Small Claims Forms

  • How long do you have to take someone to small claims court in Maine?

    In Maine, you typically have six years from the date of the incident to file a small claims case. Utilizing Maine Small Claims Forms can help you meet this deadline by providing structured guidance on completing your claim. Staying aware of this timeframe is crucial to ensuring you pursue your legal rights. Make sure to file your claim on time for the best chance of a favorable outcome.

  • Is it worth taking someone to small claims court?

    Taking someone to small claims court can be worthwhile if you have a legitimate claim and seek compensation. Maine Small Claims Forms streamline the process, allowing you to present your case effectively. It's essential to weigh the costs and benefits before proceeding. If you believe you can recover your losses, using these forms will help you navigate the legal landscape efficiently.

  • What percentage of people win in small claims court?

    Winning in small claims court varies, but reports suggest that many claimants do emerge victorious. The court favors those who prepare thoroughly and present clear evidence. When you use the correct Maine Small Claims Forms and present your case well, your chances of winning increase significantly.

  • What is the lowest amount for small claims court?

    In Maine, the lowest amount you can file for in small claims court is typically $1,200. This limit allows individuals to resolve smaller disputes without the complexities of higher court procedures. Make sure to file the appropriate Maine Small Claims Forms to initiate this process.

  • How do I take someone to small claims court in Maine?

    To take someone to small claims court in Maine, you need to file the right Maine Small Claims Forms at your local court. Begin by gathering evidence to support your case, such as receipts or contracts. After filing, remember to serve the opposing party with a notice of your claim.

  • Is small claims court even worth it?

    Yes, using small claims court can be worth it for resolving disputes efficiently. The process is designed to be simpler and more affordable than other court options. With the right Maine Small Claims Forms, you can represent yourself without needing a lawyer, making it accessible for many people.

  • How often do tenants win in small claims court?

    The success rate of tenants in small claims court can vary based on the specifics of each case and the evidence presented. Generally, if you have solid documentation and valid claims, your chances improve significantly. Utilizing resources like Maine Small Claims Forms can help you prepare thorough documentation and argue your case effectively.

  • How do you present yourself in small claims court?

    To effectively present yourself in small claims court, maintain a professional demeanor and use respectful language. Begin by clearly stating your case and the resolution you seek. As you refer to your documentation, including the Maine Small Claims Forms, ensure your arguments are logical and well-structured. Good preparation and a calm approach can significantly impact your case.

  • How to prepare exhibits for small claims court?

    Preparing exhibits for small claims court involves collecting relevant documents, photographs, or items that support your claim. Ensure that each exhibit is labeled and clearly referenced in your Maine Small Claims Forms. Practice presenting these exhibits in a logical order to strengthen your case and enhance the overall clarity of your argument.

  • Is it worth going to small claims court for $500?

    Deciding to go to small claims court for $500 requires consideration of your time and effort. Small claims courts offer a simpler and faster resolution than traditional courts, making it feasible for lower amounts. By utilizing Maine Small Claims Forms, you streamline the process, helping to assess whether this step is worthwhile for your situation.