Small Claim Cases in Maine

A small claim action in Maine is any suit for less than $6,000, not counting interest and costs.  The statute describes it as "a simple, speedy and informal court procedure" to resolve these types of claims. Though the compensation may not be large, the issues are often still very important to the parties.

 

A small claims action can be brought in the District Court where the transaction occurred, where the defendant lives, where the defendant has a place of business or, if the defendant is a corporation or partnership, where its registered agent resides.

 

A statement of claim is filed in the District Court and served on the defendant. Unlike most matters, the defendant doesn't have to file an answer. It is presumed that the facts in the claim are denied. The court has the ability to send the parties to mediation, and often does if a mediator is available.

 

The most unusual thing about small claims matters is that the rules of evidence mostly don't apply. This is to allow everyone to file their own claim without needing to hire a lawyer.

 

In most cases, you wouldn't want a lawyer to represent you in a small claim matter because their legal fee would be too high to justify the expense. And unlike lawyers in personal injury cases, no lawyer would generally agree to a no win, no fee arrangement.

 

So when should you hire a lawyer in a small claims matter?

 

One type of case might be when you need help finding the proper way to serve a defendant. Another might be if you're uncomfortable with confronting the other party and want someone to stand up for your rights in court. Finally, you may want to see a lawyer for the limited purpose of reviewing your small claim with you and making suggestions about how to win at trial. That way, you're only spending a reduced amount on legal fees to get limited advice.