DocDraft Logo

Maine Answer to a Complaint

Maine gives you 20 days from service to answer a complaint under M.R. Civ. P. 12(a), often before the case is even filed. Miss it and risk a clerk default.

Introduction

A Maine Answer to a Complaint is the written response you serve and file after you are served with a summons and complaint in the Maine District Court or Superior Court. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Maine has an unusual feature. Under Me. R. Civ. P. 12(a) your answer is due within 20 days after service of the summons, complaint, and notice regarding Electronic Service upon you. Maine also commonly uses serve-before-file practice, so you are often served and the 20-day clock starts running before the case is even filed with the court. There is no statewide answer form for a general civil case, so you type the answer on a compliant caption that follows Me. R. Civ. P. 10(a) and file it with the clerk of the court named in the summons. Other tracks differ: a Small Claims case requires no written answer, and an eviction (forcible entry and detainer) needs no responsive pleading unless you claim title. Miss the deadline and the clerk can enter your default under Me. R. Civ. P. 55(a)(1). DocDraft drafts a Maine-formatted answer from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    Your deadline is 20 days from service, not from filing. Under Me. R. Civ. P. 12(a) your answer is due within 20 days after service of the summons, complaint, and notice regarding Electronic Service. Because Maine often serves before the case is filed, that clock can start before the complaint reaches the court.

  2. 2

    There is no statewide answer form for general civil cases. You type the answer as a pleading on a compliant caption that follows Me. R. Civ. P. 10(a), then file it with the clerk of the court named in the summons.

  3. 3

    Small Claims requires no written answer. Under Me. R. S. C. P. 3(b) the defendant is not required to file a responsive pleading; if none is filed all facts in the statement of claim are taken as denied, and any matter in defense may be offered at the scheduled hearing.

  4. 4

    An eviction has no written answer deadline unless you claim title. In a forcible entry and detainer action under Me. R. Civ. P. 80D(e), you may appear and defend without filing a responsive pleading, and the return day is set not fewer than 14 days from service under Rule 80D(b)(4). If you claim title, you must answer on or before the return day.

  5. 5

    A family case uses a 21-day deadline. Under Me. R. Civ. P. 105(a) a party served with a complaint, petition, or post-judgment motion shall file an appearance and answer within 21 days after service unless the court directs otherwise.

  6. 6

    There is no fee to file an answer, and a waiver exists. The answer filing fee is $0, and if you cannot afford other court costs you can apply to proceed without payment of fees using form CV-067 with the CV-191 Financial Affidavit, based on inability to pay.

  7. 7

    A related claim may be compulsory. Under Me. R. Civ. P. 13(a) a counterclaim that arises out of the same transaction or occurrence is compulsory and must be filed with your answer, and the statute of limitations on a written contract is six years under 14 M.R.S. § 752.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF MAINE [COUNTY], ss. [DISTRICT COURT / SUPERIOR COURT] Location: [DIVISION / COUNTY] Docket No. [DOCKET NUMBER]

[PLAINTIFF NAME], Plaintiff v. [DEFENDANT NAME], Defendant

DEFENDANT'S ANSWER

NOW COMES Defendant [DEFENDANT NAME] and answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies them]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES First Affirmative Defense: [e.g., the claim is barred by the six-year statute of limitations on a written contract under 14 M.R.S. § 752]. Second Affirmative Defense: [e.g., payment]. [State each affirmative defense you intend to rely on, for example accord and satisfaction, release, fraud, statute of frauds, statute of limitations, or waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Me. R. Civ. P. 13(a) a counterclaim arising out of the same transaction or occurrence is compulsory and must be filed with this answer.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant requests that the Court enter judgment for Defendant, deny the relief sought in the Complaint, award Defendant costs, and grant such other relief as the Court deems just.

Dated: [DATE]

[SIGNATURE] [DEFENDANT NAME], Defendant, Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Me. R. Civ. P. 5(b), by [delivery / regular mail to the last known address / Electronic Service]. [SIGNATURE]

Maine Requirements for Answer to a Complaint

20-Day Answer Deadline From Service

In a general civil case your answer is due within 20 days after service of the summons, complaint, and notice regarding Electronic Service upon you, under Me. R. Civ. P. 12(a). Because Maine often serves before the case is filed, that clock can start before the complaint reaches the court. A family response is due in 21 days under Me. R. Civ. P. 105(a).

No Statewide Form, Typed Pleading

Maine has no statewide answer form for general civil cases, so you type the answer as a pleading that responds to each allegation by admitting it, denying it, or stating you lack sufficient knowledge or information, and that states your affirmative defenses. The caption must comply with Me. R. Civ. P. 10(a).

Court Caption

Caption the answer for the court named in the summons, which for general civil cases is the Maine District Court for claims up to $30,000 or the Maine Superior Court for jury trials and claims over $30,000. Include the county, docket number, the parties' names, and the title Defendant's Answer, following Me. R. Civ. P. 10(a).

File With the Court Clerk

File your answer with the clerk of the court named in the summons. Electronic filing through eFileMaine is mandatory for attorneys and for self-represented litigants who file more than 6 cases a year, and optional for other self-represented litigants, under the Maine Rules of Electronic Court Systems and Me. R. Civ. P. 5.

Serve a Copy on the Plaintiff

Under Me. R. Civ. P. 5(b), serve a copy of your answer on the plaintiff or their attorney by delivery, by regular mail to their last known address, or by Electronic Service if opted in. Service by mail is complete upon mailing. Keep proof of how and when you served it.

No Answer Fee, Waiver Available

The fee to file an answer in Maine is $0. If you cannot afford other court costs, apply to proceed without payment of fees using form CV-067, the Application to Proceed Without Payment of Fees, together with form CV-191, the Financial Affidavit, based on your inability to pay.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, fraud, statute of frauds, accord and satisfaction, discharge in bankruptcy, estoppel, or waiver. The statute of limitations on a written contract is six years under 14 M.R.S. § 752.

Compulsory Counterclaim If Any

Under Me. R. Civ. P. 13(a), a counterclaim that arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim and does not require third parties beyond the court's jurisdiction is compulsory and must be filed with your answer, or you can lose the right to bring it later.

Frequently Asked Questions

In a general civil case, Me. R. Civ. P. 12(a) gives you 20 days after service of the summons, complaint, and notice regarding Electronic Service to serve your answer. Because Maine often serves before filing the case, that clock can start before the complaint reaches the court. Other tracks differ. A Small Claims case requires no written answer under Me. R. S. C. P. 3(b), an eviction needs no responsive pleading unless you claim title under Me. R. Civ. P. 80D(e), and a family response is due in 21 days under Me. R. Civ. P. 105(a). Missing your deadline can lead to a default.

Maine has no statewide answer form for a general civil case, so you type the answer as a pleading on a compliant caption that follows Me. R. Civ. P. 10(a). The answer responds to each allegation by admitting it, denying it, or stating that you lack knowledge or information sufficient to form a belief, and it states any affirmative defenses you intend to rely on. You then file it with the clerk of the court named in the summons and serve a copy on the plaintiff.

File your answer with the clerk of the court named in the summons. General civil cases are heard in the Maine District Court, which handles claims up to $30,000 without a jury, and the Maine Superior Court, which has concurrent jurisdiction and handles jury trials and claims over $30,000. Electronic filing through eFileMaine is mandatory for attorneys and for self-represented litigants who file more than 6 cases a year, and optional for other self-represented litigants.

The fee to file an answer in Maine is $0. If you cannot afford other court costs, you can apply to proceed without payment of fees by filing form CV-067, the Application to Proceed Without Payment of Fees, together with form CV-191, the Financial Affidavit. Eligibility is based on your inability to pay the fees, and the application is filed with the same court that is hearing your case.

Under Me. R. Civ. P. 55(a)(1), when a party has failed to plead or otherwise defend and that fact is shown by affidavit or otherwise, the clerk shall enter the party's default. You may be able to set aside an entry of default for good cause shown under Me. R. Civ. P. 55(c). After a default judgment, you can seek relief for reasons such as excusable neglect, newly discovered evidence, or fraud under Me. R. Civ. P. 60(b), filed not more than one year after the judgment for the neglect ground.

Yes, and you may be required to. Under Me. R. Civ. P. 13(a), a counterclaim is compulsory if it arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim and does not require third parties over whom the court cannot acquire jurisdiction. A compulsory counterclaim must be filed with your answer or it can be lost. A claim arising from a different transaction may be raised as a permissive counterclaim.