How to file a small claims case in Maine, step by step
Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
Before you file
1–3 weeks before filing
Maine doesn't require a demand letter, but the court encourages you to try to settle first.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Maine you can sue for up to $10,000 in the Maine District Court (small claims).
Run the 60-second case check to see the last day you can file.
- Your full name, address and phone
- The defendant's exact legal name and a street address where they can be served (not a P.O. box)
- The amount you're asking for and how you got that number
- The date the problem happened
- A short plain description of what happened
- Proof you asked for payment, if you did
Use the company's exact legal name; you can file where its registered agent is located.
- The contract, lease, invoice or receipt
- Photos of the damage, dated if possible
- Texts, emails and letters with the other side
- Two written repair estimates or proof of what you paid
- Your demand letter and proof it was sent
- Names and contact details of any witnesses
Fill in the claim
1–2 evenings
SC-001: Statement of Claim. Get the form.
- Who: you and the defendant, with full legal names and addresses
- What: the agreement or event, in 2–4 plain sentences
- When: the date it happened
- How much: the exact amount (no more than $10,000) and how you calculated it
- What you did: when you asked for payment and their response
Sign the Statement of Claim under oath; the clerk or a notary can witness it.
Bring the original plus one copy for each defendant; the sheriff needs two copies to serve.
File and pay
Filing day
Choose how you'll file:
The District Court where the events happened, where the defendant lives or has its main place of business, or where a company's registered agent is located.
$70 to file (this includes a mediation fee). Service costs extra: about $15 per defendant if the clerk mails it, or the sheriff's own fee. Can't afford it? Ask for a fee waiver: Application to Proceed without Payment of Fees (form CV-067).
The clerk schedules the hearing and mails the date to both sides.
Serve the defendant
Right after filing
You can use the sheriff, certified mail (restricted delivery, return receipt), first-class mail with an acknowledgment form (SC-005), or, if you file fewer than three cases a month, have the clerk mail it (SC-006).
If you serve the papers yourself first, file the Statement of Claim, proof of service and fee within 20 days after service is complete.
Sheriff's return, signed return receipt, or Notice of Service (SC-005)
File proof of service with the Statement of Claim within 20 days after service; if the clerk serves by mail, the clerk handles it.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
Before the hearing
1–4 weeks before
The defendant doesn't file a written answer but must come to the hearing. A claim against you must be filed as a separate case; the clerk can schedule both together.
Free mediation is offered on the hearing day; a settlement approved by the judge becomes a judgment and can't be appealed.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
You can subpoena a witness who won't come; you arrange service and pay the witness fee.
- Three copies of every document: for you, the judge and the defendant
- A one-page timeline of what happened, with dates
- A short sheet showing how you calculated the amount
- Photos printed or ready on your phone (ask the clerk if screens are allowed)
The hearing
Hearing day
- Expect the judge to offer free mediation before the hearing
- Hearings aren't recorded unless you ask at least 24 hours ahead
- Arrive 30 minutes early and check in with the clerk or bailiff
- Bring three copies of every document and your evidence in date order
- Bring witnesses, or a sworn statement from one who can't come
- Who you are and what you're asking for: the amount.
- What the agreement or situation was.
- What went wrong, with dates.
- What it cost you and how you calculated it, showing your documents.
- That you asked for payment and what they said.
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't come and you prove your claim, you'll likely get a default judgment. If you don't come, your case will likely be dismissed.
After the judgment
Weeks to months
Either side can appeal to Superior Court within 30 days using form SC-007 and paying a fee. A plaintiff can appeal only on legal mistakes; a defendant can also appeal on the facts and ask for a jury trial for an extra fee.
The court doesn't collect for you. If they don't pay, ask for a disclosure hearing where the debtor must explain income and assets; the judge can order payments, and later steps include wage withholding and civil arrest.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.