To file a civil lawsuit in Maine, you submit a written complaint and a summons to the clerk of either the District Court or the Superior Court, pay a $175 filing fee, and then arrange for the defendant to be served with the papers within 90 days. The sequence sounds simple, but each step has rules that can sink your case if you skip them. Work through the five steps below in order.
Confirm Your Filing Deadline Hasn’t Passed
Before you spend time on paperwork, make sure your claim is still alive. Maine’s default rule gives you six years from the date your cause of action accrued (usually the date you were harmed or the contract was broken) to file most civil lawsuits, including breach of contract, property damage, and general negligence claims.1Maine Legislature. Maine Revised Statutes Title 14 752 – Six Years
Several categories have different deadlines. Medical malpractice claims must be filed within three years. Attorney malpractice involving title opinions or will drafting carries a six-year deadline that runs from the date you discover the error. Claims against design professionals like architects and engineers must be filed within four years of discovering the problem, with an outer limit of ten years after substantial completion of the project.
Fraud claims follow a discovery rule. If someone fraudulently concealed the basis for your lawsuit, you have six years from the date you discover the claim rather than six years from the date of the fraud itself.2Maine State Legislature. Maine Revised Statutes Title 14 859
If your deadline is close, file first and refine later. You can amend a complaint. You cannot revive a time-barred claim.
Pick the Right Court
Maine has two trial-level courts that handle civil cases. The choice depends on how much you’re seeking and what kind of outcome you want.
- Small claims (District Court). For money disputes of $10,000 or less, District Court offers a simplified process with relaxed rules of evidence. You don’t need a lawyer, and hearings are informal.3State of Maine Judicial Branch. Small Claims
- Regular civil cases (District Court or Superior Court). Both courts handle civil lawsuits for money damages with no statutory cap. Superior Court is the better choice if you need equitable relief, like an injunction or a court order requiring someone to do or stop doing something, because that type of remedy isn’t available in the small claims process.3State of Maine Judicial Branch. Small Claims
You also need to file in the correct county. Maine’s venue rules generally point you to the county where the defendant lives or where the key events occurred. Filing in the wrong county won’t automatically end your case, but the defendant can ask the court to transfer it, which costs you time.
Prepare Your Complaint and Summons
A Maine civil case can begin two ways. You can file first and then serve, which officially starts the case and gives you 90 days to complete service. Or you can serve the defendant first and then file with the court within 20 days after service.4Maine Judicial Branch. Maine Rules of Civil Procedure Rule 3 – Commencement of Action Most self-represented plaintiffs file first.
You need two documents.
The complaint tells the court and the defendant what happened and what you want. It must include the full names and addresses of every party, a clear description of the facts, the legal basis for your claim, and the specific relief you’re asking for. Be concrete about damages. “The defendant owes me money” is not enough. “The defendant failed to pay $12,000 owed under a written contract dated March 5, 2024” gives the court something to work with.
The summons is the formal notice that tells the defendant a lawsuit has been filed and sets a deadline for responding. It must carry the court’s seal and the clerk’s signature, identify all parties, and state the time allowed to respond.5Maine Judicial Branch. Maine Rules of Civil Procedure Rule 4 – Process Blank summons forms are available at the clerk’s office and on the Maine Judicial Branch website.
Make several copies of everything. You need originals for the court, a full set for each defendant, and at least one set for your own records.
File With the Clerk and Pay the Fee
Take your completed documents to the clerk’s office at the court you’ve chosen. The clerk stamps each document with the filing date, assigns a case number, and keeps the originals. You get stamped copies back to use for service and for your file.
The filing fee for a general civil action is $175 in both Superior Court and District Court. Debt collection actions brought by a debt buyer or collector carry a higher fee of $302, which includes a $45 mediation fee and a surcharge for Maine’s Civil Legal Services Fund.6Maine Judicial Branch. Administrative Order JB-05-26 – Court Fees Schedule Small claims filings cost less and include a $15 mediation fee.
If you can’t afford the fee, submit an Application to Proceed Without Payment of Fees (form CV-067). The application requires an affidavit listing your monthly income and expenses and confirming you have no other way to pay. If you receive means-tested public assistance, include that information too.7Maine Judicial Branch. Maine Rule of Civil Procedure 91 – Proceedings for Waiver of Payment of Fees or Costs
Electronic Filing
Maine is rolling out electronic filing (eFileMaine) by region. Attorneys and government agencies must e-file wherever the system is available. Self-represented parties are only required to e-file if they submit more than six non-emergency civil or family cases per year. As of early 2026, e-filing is available statewide for Business and Consumer Docket cases and traffic violations. Androscoggin, Franklin, Oxford, Kennebec, and Somerset counties have full e-filing access. Penobscot County supports e-filing for family and civil cases. York County is scheduled for March 2026, and Aroostook County for June 2026.8State of Maine Judicial Branch. About eFileMaine Where e-filing isn’t live yet, you file in person or by mail.
Serve the Defendant
Filing the lawsuit does not notify the defendant. You have to arrange service of process, meaning delivery of the summons, complaint, and a notice about electronic service through an approved method. This is where more self-represented plaintiffs stumble than any other step, because Maine’s rules are strict about who can serve and how.
Who Can Serve
For standard in-state service, the documents must be delivered by a sheriff or deputy within their county, another person authorized by law such as a constable, or someone the court specially appoints.9Maine Judicial Branch. Maine Rule of Civil Procedure 4 – Process You cannot serve the papers yourself. Courts will often grant a special appointment when it saves significant travel fees, so if you want to use a private process server, ask the court to appoint them. Private servers typically charge between $40 and $200, depending on attempts and travel.
How Service Works
Personal service means handing the documents to the defendant directly. It’s the most straightforward and hardest to challenge later. When the defendant is an individual, the sheriff or appointed server delivers the papers to that person.
If you’re suing a business entity like a corporation or LLC, you serve its registered agent. Every business registered in Maine must maintain a registered agent with a physical street address in the state who is available during normal business hours to accept legal documents. If the registered agent can no longer be found, Maine law allows service by certified mail addressed to the company’s officers at its principal office.10Maine State Legislature. Maine Revised Statutes Title 5 113 – Service of Process on Entities
Certified mail with restricted delivery and return receipt is available for certain categories of cases, including out-of-state defendants in property-related claims and family division matters.9Maine Judicial Branch. Maine Rule of Civil Procedure 4 – Process It is not a universal alternative for all civil cases, so don’t skip the sheriff and mail the papers unless your case qualifies.
When You Can’t Find the Defendant
If you’ve made every reasonable effort to locate the defendant and still can’t arrange personal service, you can ask the court for permission to serve by alternate means, sometimes called service by publication. Before granting it, the court expects you to show that you’ve tried personal service through a sheriff, searched public databases like phone directories and tax records, checked with relatives and employers, and attempted service by mail.11Maine Judicial Branch. Instructions for Service by Alternate Means Courts do not grant these motions easily.
File Proof of Service
After service is complete, file proof of service with the court. The person who served the papers fills out a return of service form describing when, where, and how the delivery happened, and you file it with the clerk. Without that filing, the case cannot move forward.
What Happens After the Defendant Is Served
Once served, the defendant has 20 days to respond. The clock runs from the date of service, not the date you filed.
The response usually takes one of two forms. An answer addresses each allegation in your complaint, admitting or denying it, and may raise affirmative defenses such as an expired statute of limitations or your own contributory fault. A motion to dismiss argues the case should be thrown out entirely on grounds like lack of jurisdiction, improper venue, or failure to state a claim the court can grant relief for.
The defendant may also file a counterclaim against you in the same lawsuit. Maine’s rules require defendants to raise any counterclaim that arises from the same events as your original claim, or risk losing the right to bring it later. If a counterclaim is filed, you become a defendant too and must respond within the same 20-day window.
If the defendant ignores the lawsuit and files nothing within 20 days, you can ask the clerk to enter a default. A default is a finding that the defendant chose not to defend, and it opens the door to a default judgment granting the relief you requested without a trial. It isn’t automatic. The court still reviews whether your complaint states a valid claim and whether your requested damages are supported. For a specific sum owed under a contract, default judgments are relatively straightforward. For less defined damages like pain and suffering, the court may require a hearing before entering judgment.