A small claims case is filed in District Court. The case must be $6000.00 or less. Most cases are filed by people representing themselves, although you can hire an attorney. Filing a case in small claims court is a simple and fast way to bring your case in front of a judge. Anyone can file a case (as the plaintiff) and anyone can be a sued (the defendant) except a city or town.
1. Money owed by an individual or business for goods or services
2. A landlord refuses to return your security deposit without just cause
3. A tenant refuses to pay back rent or pay for damages to the
4. Personal property loaned out and not returned or returned
5. You make a purchase and the goods are unsatisfactory and the
individual or business will not
replace or credit the purchase price or refund the money.
Small Claims cases are less formal and simpler than civil cases. The amount of money you can sue for needs to be less than $6000. You can represent yourself or hire an attorney. The cost of filing fees are less expensive. The rules and procedures are less formal. In a small claims case a judge will decide the outcome without a jury. There is no pre-discovery hearing. There is a mediator available to try and find a solution before your case goes before the judge. You will generally receive a court date sooner than if it is a civil trial. The losing party can appeal the decision based on questions of the law only.
You have filed a small claims case at your local district court. Now what happens? Now you must notify the person that you are suing. How do you do that? You need to have that person (the defendant) served with the papers so that they know they are being sued. Do you do that yourself? No! The papers need to be served by someone who is not a party to the suit. Can your lawyer serve them? No! They are a party to the suit. What are your options? You can have your local sheriff do it, but they are usually bogged down with many papers to serve. Plus, they are also busy protecting the community. They just don't have the time.
You can hire a professional process server whose job it is to know the laws. They do this and only this as their profession and are trained to find and serve the defendant. They are qualified to find defendants who may be evading service. This is what they do on a daily basis and they are great at it. They're like a dog with a bone. Once they get the papers to serve they won't stop until they find there man and get'em served. Check out the video below.
If you have already filed your claim and need someone to serve the defendant, We Get'em Served has been serving defendants since 2013. We are experienced process servers who are trained to find the defendant and serve them properly. Either give us a call at the number below or go to the Contact Us page for more information. If you have decided you would like your papers served by us go to our Legal Support Services page and click on the service that is right for you.
If you haven't filed your claim you can go to the Maine District Court website. There are free forms you will need to fill out and then file which can be found under Small Claims Forms and you can also download this pdf document entitled A Guide To Small Claims Cases that will walk you through the process.