People have minor disputes over money and personal property nearly every day. Good examples are when a buyer doesn't get the goods or services he paid for; a landlord refuses to return a tenant's security deposit; and someone won't return some equipment or tools that were loaned to him. Often, these disputes don't involve enough money to justify hiring an attorney. The fees you may have to pay an attorney may be close to or more than what you're owed or what the property's worth.
This is where a small claims court can help. In Maine, the small claims courts settle legal disputes that involve small amounts of money. The courts are designed to be easy to use, inexpensive, fast and a lot less formal than the courts of the state.
Individuals or Businesses May Sue
Individuals, businesses and corporations can file suits and be sued in the small claims courts in Maine. The person or business that files a small claims lawsuit is called the plaintiff. The person or business that is sued is called the defendant. If you're under 18 years old, your parent or legal guardian has to file the lawsuit for you (or "on your behalf"). Likewise, if the defendant is under 18, you need to name his parent or guardian as a defendant as well.
You file a small claims case in the appropriate district court, which usually is the district court for the town or county where the incident you're suing over happened, but there are some exceptions.
Claims
In Maine, the most you can recover in small claims court is $4,500. If your claim is a little over $4,500, you may want to consider filing in small claims anyway and forget about recovering the full amount. It will be faster, easier and less expensive than filing suit in another court. If your claim is a lot more than $4,500, you may want to talk to attorney to see what your chances are of recovering the full amount in another court.
Cases Suitable for Small Claims Court
Many different kinds of cases go to small claims court. Some of the most common cases involve:
- Goods or services sold but not delivered or paid for
- Non-payment of money loans
- Automobile negligence
- Landlord/tenant disputes, such as suits for refunds of security deposits, to get unpaid or "back" rent, and to evict tenants from leased property
- Car repair disputes
- Property damage
- To have specific items of personal property retuned to the rightful owner, such as equipment, tools, cars, furniture, etc.
There are several things you can't sue for in small claims court, including divorce and child custody, and you can't use the court to have your legal name changed.
Statute of Limitations
The statute of limitations is how long you have to file a lawsuit after something happens. The time period is based upon the type of claim you have. For example, if you were injured in a car accident, you generally have six years from the date of the accident to file a "personal injury" lawsuit in Maine. The time periods can be shorter or longer, depending on your case. So, to be safe, you should file your lawsuit as soon as possible.
Court Forms
You file a small claims case by completing a form called a Statement of Claim. This form tells the court and the person you're suing why you're filing suit and what your damages are, that is, how much money you want or what property you want turned over to you. The district court clerk has this and other forms you may need to get your case moving (or to defend yourself, if you're the defendant), and there are some forms online.
Attorney
In Maine, you may represent yourself in small claims court, or you may hire an attorney to represent you. A lawyer can give you advice about your suit and what evidence you'll need to win your case. In most instances, the court will make the other party pay your attorney's fees if you win the case.