Small claims in Maine.
Maine's small claims court offers a simplified process for claims up to $10,000, with mandatory mediation before trial.
- Most you can sue for$10,000Same cap for individuals and businesses
- Filing fee$82-$150Varies by claim amount
- CourtDistrict Court (small claims docket)
- Lawyers at trialAllowedPermitted but not required
- Appeal window30 daysPlaintiff appeals on law; defendant on law or fact
- Recent changeJurisdictional limit increased to $10,000Effective January 1, 2026
Find your situation.
Maine small claims handles money disputes up to $10,000 (or $10,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Maine allows you to file claims for breaches of contract and money owed up to $10,000. The statute of limitations varies depending on the type of contract.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court does not handle eviction proceedings; these must be filed in regular District Court.
Try instead: District Court eviction process
Title to real estate
Cases involving disputes over the ownership of real estate are excluded from small claims court.
Try instead: Superior Court
Defamation
Claims involving defamation, such as libel or slander, are not suitable for small claims court due to their complexity.
Try instead: Superior Court
Professional malpractice
Claims alleging professional malpractice require expert testimony and are beyond the scope of small claims court.
Try instead: Superior Court
Family law matters
Issues such as divorce, child custody, and support are handled by Family Court, not small claims court.
Try instead: Family Court
Probate matters
Disputes involving wills, estates, and trusts are under the jurisdiction of Probate Court.
Try instead: Probate Court
Claims against the federal government
Small claims court does not have jurisdiction over claims against federal agencies or the U.S. government.
Try instead: Federal Court
Class actions
Class action lawsuits are complex and exceed the procedural scope of small claims court.
Try instead: Superior Court
Injunctions and specific performance
Small claims court cannot issue orders requiring a party to do or refrain from doing something.
Try instead: Superior Court
Workers' compensation claims
Disputes over workers' compensation benefits are handled by the Workers' Compensation Board.
Try instead: Workers' Compensation Board
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can facilitate settlement and demonstrate good faith.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the statute of limitations when the fraud is discovered.
File your case
File at the District Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are added to the judgment against the defendant.
E-filing in Maine: eFiling is available in certain District Courts; check the Maine Judicial Branch website for current availability.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 7 days before the hearing (in the same county) or 10 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or deputy personally delivers the documents to the defendant.
- Certified mail. Clerk sends documents via certified mail with return receipt requested.
- Private process server. Authorized individual personally delivers documents to the defendant.
File the proof of service (SC-002) at least 3 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, the court may allow service by publication upon request.
If the defendant is evading service, document attempts and request alternative service methods from the court.
Show up to the hearing
Bench trial with informal procedures; parties present evidence and testimony directly to the judge.
Lawyers at trial: Allowed. Parties may represent themselves or hire an attorney; corporations may be represented by an employee or principal.
When you’ll get the decision: On the spot or mailed within a few weeks
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant fails to appear at the hearing, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must present evidence to support the claim before a judgment is entered.
If you’re the defendant being sued
Defendants are not required to file a written answer but should appear at the hearing to present their defense.
Counter-suing the plaintiff: Allowed using SC-003 (Defendant's Counterclaim). Serve the plaintiff at least 7 days before trial (same county) or 10 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 6.09% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File a motion for a disclosure hearing; if the debtor has income, request a wage garnishment order from the court; serve the order on the employer, who will withhold and remit payments.
Cost: $30-50 plus sheriff fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution from the court; serve it on the debtor's bank; the bank freezes the account and remits funds to the court.
Cost: $25 plus service fees
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- $1,000 in a bank account is exempt from levy
Property lien
Place a lien on the debtor's real property to secure the judgment amount.
How it works
Record the judgment with the county registry of deeds; the lien must be satisfied before the property can be sold or refinanced.
Cost: $20-50 recording fee
Notes: Effective if the debtor owns real property and intends to sell or refinance.
What’s protected:
- Homestead exemption up to $47,500
Writ of execution
Authorize the sheriff to seize and sell the debtor's non-exempt property.
How it works
Obtain a writ of execution from the court; the sheriff seizes and sells the debtor's property; proceeds are applied to the judgment.
Cost: $25 plus sheriff fees
Notes: Effective if the debtor owns valuable non-exempt property.
What’s protected:
- Various personal property exemptions apply
Multiple creditors? Priority rules.
Judgment liens are prioritized by the date of recording; earlier liens have higher priority.
Can you appeal if you lose?
either
- Deadline: 30 days from the judgment notice.
- Filing fee: $150.
- Form: SC-007 — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
Defendants can appeal on questions of law or fact; plaintiffs can appeal on questions of law only.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Default judgment? Different rules.
Defendants must first file a motion to set aside the default judgment; if denied, they may appeal that decision.
Motion to vacate (Form SC-006): file within 30 days of the judgment notice.
Why cases get dismissed.
Filing in the wrong venue
What goes wrong: Filing in the incorrect District Court may result in dismissal or transfer, causing delays and additional costs.
How to avoid it: Ensure you file in the correct venue based on where the defendant resides, where the events occurred, or where the defendant's registered agent is located.
Exceeding the monetary limit
What goes wrong: If your claim exceeds $10,000 and you file in small claims court, you must waive the excess amount or risk dismissal.
How to avoid it: Consider filing in regular District or Superior Court if your claim exceeds the small claims limit.
Ignoring service requirements
What goes wrong: Improper service can lead to delays or dismissal of your case.
How to avoid it: Follow Maine's rules for serving the defendant, using authorized methods and filing proof of service with the court.
Missing the statute of limitations
What goes wrong: Filing after the statute of limitations has expired will result in dismissal of your claim.
How to avoid it: Be aware of the specific statute of limitations for your type of claim and file within the required timeframe.
Failing to appear at the hearing
What goes wrong: If you do not appear, the court may dismiss your case or enter a default judgment against you.
How to avoid it: Attend all scheduled hearings or notify the court in advance if you cannot attend.
Not collecting the judgment
What goes wrong: Winning a judgment does not guarantee payment; you must take steps to collect.
How to avoid it: Familiarize yourself with collection methods such as wage garnishment, bank levies, and property liens.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources11 citations and statutes
- Maine Judicial Branch — Small Claims Self-Help
- Me. Rev. Stat. tit. 14, § 7482 (Definition of a small claim)Me. Rev. Stat. tit. 14, § 7482
- Maine Judicial Branch — District Court Filing Fee Schedule
- Maine Judicial Branch — Small Claims Forms
- Bad Checks — Me. Rev. Stat. tit. 17-A, § 708Me. Rev. Stat. tit. 17-A, § 708
- Maine Unfair Trade Practices Act — Me. Rev. Stat. tit. 5, §§ 205-A to 214Me. Rev. Stat. tit. 5, §§ 205-A to 214
- Maine Lemon Law — Me. Rev. Stat. tit. 10, §§ 1161-1169Me. Rev. Stat. tit. 10, §§ 1161-1169
- Security Deposit Law — Me. Rev. Stat. tit. 14, § 6031 et seq.Me. Rev. Stat. tit. 14, § 6031 et seq.
- Repair and Deduct — Me. Rev. Stat. tit. 14, § 6026Me. Rev. Stat. tit. 14, § 6026
- Wrongful Eviction — Me. Rev. Stat. tit. 14, § 6014Me. Rev. Stat. tit. 14, § 6014
- Law re: Payment of Wages upon Termination — Me. Rev. Stat. tit. 26, § 626Me. Rev. Stat. tit. 26, § 626
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.