How to Respond to a Lawsuit in Maine: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Maine. Last updated 2026-06-02

In Maine, a defendant served with a civil summons and complaint generally has 20 calendar days to serve a written answer under Maine Rule of Civil Procedure 12(a), which directs that a defendant serve an answer within 20 days after service of the summons, complaint, and notice regarding Electronic Service. The window stretches to 50 days for a defendant served outside the Continental United States or Canada. Because the 20-day period is longer than seven days, intermediate weekends and legal holidays are counted under Rule 6(a), so this is a calendar-day deadline. Two tracks work differently and require no written answer at all. In a small claims case, Maine Rule of Small Claims Procedure 3(b) provides that the defendant is not required to file a responsive pleading and may offer any matter in defense at the hearing, so the defendant files no answer and instead appears on the hearing date stated in the small claims summons. In an eviction (forcible entry and detainer) case under Rule 80D(e), the defendant may appear and defend without filing a responsive pleading on the return day, which is set not fewer than 14 days from service, unless the defendant claims title, in which case an answer is due on or before the return day. A response to a divorce or dissolution petition is due within 21 days under Rule 105(a). If you miss a deadline where an answer is required, the clerk can enter your default under Rule 55(a) and the court can enter a default judgment, which you can later move to set aside for good cause under Rule 55(c) or, after judgment, within one year for excusable neglect under Rule 60(b).

How long do I have to respond to a lawsuit in Maine?

It depends on the track. For a general civil complaint, Maine Rule of Civil Procedure 12(a) gives you 20 calendar days after service of the summons, complaint, and notice regarding Electronic Service to serve a written answer, or 50 days if you were served outside the Continental United States or Canada. A small claims case requires no written answer; you appear and present your defense on the hearing date stated in the small claims summons under Rule of Small Claims Procedure 3(b).

How do I respond to a civil summons in Maine?

You respond by filing a written answer with the clerk of the District Court or Superior Court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney under Maine Rule of Civil Procedure 5(b). Electronic filing through eFileMaine is required for attorneys and for self-represented litigants who file more than six cases a year, and optional for other self-represented filers. The answer admits or denies each numbered allegation and states your defenses.

What happens if I don't answer a summons in Maine?

If you do not respond by your deadline in a case that requires an answer, Maine Rule of Civil Procedure 55(a) directs the clerk to enter your default once the failure to plead is shown by affidavit or otherwise. The court can then enter a default judgment granting what the complaint requests. You may move to set the default aside for good cause under Rule 55(c), or, after judgment, within one year for excusable neglect under Rule 60(b).

How do I answer a summons without an attorney in Maine?

Self-represented defendants can file an answer themselves. Maine has no mandatory statewide answer form for general civil cases, so you type your answer on standard pleading paper with the court, parties, and docket number set out in the caption under Maine Rule of Civil Procedure 10(a). File it with the clerk of the court named in the summons, serve a copy on the plaintiff, and request a fee waiver on form CV-067 if a filing fee applies to anything you file.

Maine response framework at a glance

Maine's response rules turn first on which track your case is in. A general civil complaint is governed by Maine Rule of Civil Procedure 12(a), which directs the defendant to serve an answer within 20 days after service of the summons, complaint, and notice regarding Electronic Service. The period stretches to 50 days for a defendant served outside the Continental United States or Canada. Because the 20-day window is longer than seven days, Rule 6(a) does not exclude intermediate weekends or legal holidays, so the count runs in calendar days. Small claims is different. Under Maine Rule of Small Claims Procedure 3(b), the defendant is not required to file a responsive pleading and may offer any matter in defense at the hearing, so no written answer is filed and the defendant appears on the hearing date stated in the small claims summons. Eviction is its own track. Under Rule 80D(e) the defendant may appear and defend without filing a responsive pleading on the return day, which Rule 80D(b)(4) sets not fewer than 14 days from service, unless the defendant claims title, in which case an answer is due on or before the return day. A response to a dissolution petition is due within 21 days under Rule 105(a). Answers are filed with the clerk of the District Court or Superior Court named in the summons and served on the plaintiff under Rule 5(b), formatted on standard pleading paper with the caption set under Rule 10(a). The Maine Judicial Branch website at www.courts.maine.gov is the official source for the court fee schedule, the fee-waiver application (CV-067 with the CV-191 financial affidavit), and the eFileMaine electronic filing system.

Court Resources

Maine Judicial Branch. Court fees and fee waiver

Official Maine Judicial Branch fee schedule, used to confirm that there is no fee to file an answer and to find how to request a waiver of any other fee, such as a counterclaim filing fee, when you cannot afford to pay.

Form CV-067 (Application to Proceed Without Payment of Fees)

The official fee-waiver application a defendant can file, together with the CV-191 financial affidavit, to ask the court to waive a filing fee based on inability to pay or indigency.

Maine Rules of Small Claims Procedure

The official small claims rules, including Rule 3(b), which confirms that a small claims defendant is not required to file a responsive pleading and may offer any matter in defense at the scheduled hearing.

Relevant Laws

Maine Rule of Civil Procedure 12(a) (20-Day Answer Deadline)

Directs that a defendant serve an answer within 20 days after service of the summons, complaint, and notice regarding Electronic Service, with 50 days allowed for a defendant served outside the Continental United States or Canada. This is the standard general civil answer deadline in Maine.

Maine Rule of Civil Procedure 6(a) (Time Computation)

Excludes intermediate Saturdays, Sundays, and legal holidays only when the period allowed is less than seven days. Because the answer period is 20 or 21 days, it is counted in calendar days with no weekend or holiday exclusion.

Maine Rule of Small Claims Procedure 3(b) (No Required Answer in Small Claims)

Provides that the defendant is not required to file a responsive pleading but may file one up to the time of hearing, and that 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 hearing. A small claims defendant files no written answer and appears on the hearing date.

Maine Rule of Civil Procedure 80D(e) (Eviction Defendant's Pleading)

Provides that an eviction (forcible entry and detainer) defendant may appear and defend without filing a responsive pleading, unless the defendant claims title, in which case the claim must be asserted by answer filed on or before the return day. Rule 80D(b)(4) sets the return day not fewer than 14 days from service.

Maine Rule of Civil Procedure 105(a) (21-Day Family Response)

Requires a party served with a complaint, petition, or post-judgment motion in a family matter to file an appearance and answer within 21 days after service unless the court directs otherwise. This is the divorce and dissolution response deadline.

Maine Rule of Civil Procedure 55 (Default and Setting Aside Default)

Provides under Rule 55(a) that the clerk shall enter a party's default when that party fails to plead or otherwise defend and the failure is shown by affidavit or otherwise, and under Rule 55(c) that the court may set aside an entry of default for good cause shown, with relief from a default judgment governed by Rule 60(b).

14 M.R.S. section 752 (Six-Year Limit on Contract Actions)

Sets the six-year statute of limitations for civil actions on contracts, a key defense to check in debt-collection lawsuits before filing an answer.

Regional Variances

Answer deadline by case track in Maine

General civil complaint (Maine Rule of Civil Procedure 12(a))

20 calendar days after service of the summons, complaint, and notice regarding Electronic Service to serve a written answer, or 50 days if the defendant was served outside the Continental United States or Canada. The period is counted in calendar days because it exceeds the seven-day threshold in Rule 6(a). This is the default civil deadline most defendants work against.

Small claims (Maine Rule of Small Claims Procedure 3(b))

No written answer is required. The defendant is not required to file a responsive pleading and may offer any matter in defense at the hearing, so the defendant files no answer and appears on the hearing date stated in the small claims summons. The small claims dollar cap is $10,000.

Eviction / forcible entry and detainer (Maine Rule of Civil Procedure 80D(e))

No written answer is required unless the defendant claims title. The defendant may appear and defend on the return day, which Rule 80D(b)(4) sets not fewer than 14 days from service of the summons. If the defendant claims title, an answer must be filed on or before the return day.

Divorce / dissolution response (Maine Rule of Civil Procedure 105(a))

21 calendar days after service of the complaint or petition to file an appearance and answer. Missing the window can let the case proceed by default and let the court decide property, support, and parental rights and responsibilities without your input.

Which Maine court hears your case, by amount

Small Claims Division, District Court

Hears claims up to the small-claims dollar cap of $10,000. No written answer is required; the defendant appears on the hearing date stated in the small claims summons under Rule of Small Claims Procedure 3(b).

Maine District Court

Handles general civil claims up to $30,000 without a jury. A written answer is required within 20 calendar days of service under Rule 12(a). There is no fee to file an answer.

Maine Superior Court

Has concurrent jurisdiction with the District Court and exclusive jurisdiction over jury trials and claims over $30,000. A written answer is required within 20 calendar days of service under Rule 12(a), with the same calendar-day computation.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your track. A general civil complaint is due in 20 calendar days under Maine Rule of Civil Procedure 12(a), or 50 days if you were served outside the Continental United States or Canada. The count runs in calendar days because the period exceeds seven days under Rule 6(a). A divorce or dissolution response is due in 21 days under Rule 105(a). Small claims requires no written answer; you appear on the hearing date stated in the summons under Rule of Small Claims Procedure 3(b). Mark the exact due date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption and notice on the summons to confirm whether the case is small claims, general civil, an eviction (forcible entry and detainer), or a family matter. Small claims and eviction generally require no written answer and proceed on a hearing or return date. General civil cases require a written answer filed with the District Court or Superior Court named in the summons. Confirm the court named in the summons, because that is where your answer must be filed.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts under Maine Rule of Civil Procedure 8(c), such as statute of limitations, payment, release, accord and satisfaction, fraud, estoppel, waiver, res judicata, statute of frauds, or discharge in bankruptcy. In debt cases, check the six-year contract limitations period under 14 M.R.S. section 752. If you have a claim against the plaintiff arising from the same transaction, you generally must plead it as a compulsory counterclaim under Rule 13(a) or lose it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or stating you lack knowledge to admit or deny, then state your affirmative defenses. Maine has no mandatory statewide answer form for general civil cases, so type the answer on standard pleading paper with the court, parties, and docket number in the caption under Maine Rule of Civil Procedure 10(a).

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the District Court or Superior Court named in the summons. Electronic filing through eFileMaine is required for attorneys and for self-represented litigants who file more than six cases a year, and optional for other self-represented filers, so check whether you must e-file before filing in person or by mail. There is no fee to file an answer in Maine.

Serve the plaintiff and keep proof of service

With or promptly after filing days after starting

Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by delivery, by regular mail to the last known address, or by Electronic Service if opted in, under Maine Rule of Civil Procedure 5(b). Service by mail is complete upon mailing. Keep a dated record of how and when you served the plaintiff, because an answer that is filed but not properly served can be challenged.

Request a fee waiver if you cannot afford a court fee

At the time of filing days after starting

There is no fee just to file an answer in Maine, but if you file a counterclaim or otherwise owe a court fee and cannot pay it, file form CV-067 (Application to Proceed Without Payment of Fees) with the CV-191 financial affidavit. Eligibility is based on inability to pay or indigency. Submitting the application lets you proceed without paying the fee while the court decides eligibility.

Appear at the hearing or move to set aside a default if you missed the deadline

As set by the court days after starting

Calendar every date the court sets, including the small claims hearing and the eviction return day, where no written answer is filed, and any hearing in a general civil case. If a default was already entered, you can move to set aside the entry of default for good cause under Maine Rule of Civil Procedure 55(c), or seek relief from a default judgment within one year for excusable neglect under Rule 60(b). Attorney review is available as an option before you file if your case involves a debt-collection statute-of-limitations question, a disputed service-of-process issue, or an eviction in which you claim title.

Task	Description	Document	Days after starting
Calculate your response deadline from the date you were served	Find the deadline that matches your track. A general civil complaint is due in 20 calendar days under Maine Rule of Civil Procedure 12(a), or 50 days if you were served outside the Continental United States or Canada. The count runs in calendar days because the period exceeds seven days under Rule 6(a). A divorce or dissolution response is due in 21 days under Rule 105(a). Small claims requires no written answer; you appear on the hearing date stated in the summons under Rule of Small Claims Procedure 3(b). Mark the exact due date on a calendar.	-	Day 0 (date of service)
Identify your case track and the correct court	Read the caption and notice on the summons to confirm whether the case is small claims, general civil, an eviction (forcible entry and detainer), or a family matter. Small claims and eviction generally require no written answer and proceed on a hearing or return date. General civil cases require a written answer filed with the District Court or Superior Court named in the summons. Confirm the court named in the summons, because that is where your answer must be filed.	-	Within 2 days of service
Identify your defenses and any counterclaims	List the affirmative defenses that fit your facts under Maine Rule of Civil Procedure 8(c), such as statute of limitations, payment, release, accord and satisfaction, fraud, estoppel, waiver, res judicata, statute of frauds, or discharge in bankruptcy. In debt cases, check the six-year contract limitations period under 14 M.R.S. section 752. If you have a claim against the plaintiff arising from the same transaction, you generally must plead it as a compulsory counterclaim under Rule 13(a) or lose it.	-	Before drafting the answer
Draft the answer in the correct caption and format	Respond to each numbered allegation by admitting, denying, or stating you lack knowledge to admit or deny, then state your affirmative defenses. Maine has no mandatory statewide answer form for general civil cases, so type the answer on standard pleading paper with the court, parties, and docket number in the caption under Maine Rule of Civil Procedure 10(a).	answer-to-complaint	Before the answer deadline
File the answer with the clerk of the correct court	File with the clerk of the District Court or Superior Court named in the summons. Electronic filing through eFileMaine is required for attorneys and for self-represented litigants who file more than six cases a year, and optional for other self-represented filers, so check whether you must e-file before filing in person or by mail. There is no fee to file an answer in Maine.	-	On or before the answer deadline
Serve the plaintiff and keep proof of service	Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by delivery, by regular mail to the last known address, or by Electronic Service if opted in, under Maine Rule of Civil Procedure 5(b). Service by mail is complete upon mailing. Keep a dated record of how and when you served the plaintiff, because an answer that is filed but not properly served can be challenged.	-	With or promptly after filing
Request a fee waiver if you cannot afford a court fee	There is no fee just to file an answer in Maine, but if you file a counterclaim or otherwise owe a court fee and cannot pay it, file form CV-067 (Application to Proceed Without Payment of Fees) with the CV-191 financial affidavit. Eligibility is based on inability to pay or indigency. Submitting the application lets you proceed without paying the fee while the court decides eligibility.	-	At the time of filing
Appear at the hearing or move to set aside a default if you missed the deadline	Calendar every date the court sets, including the small claims hearing and the eviction return day, where no written answer is filed, and any hearing in a general civil case. If a default was already entered, you can move to set aside the entry of default for good cause under Maine Rule of Civil Procedure 55(c), or seek relief from a default judgment within one year for excusable neglect under Rule 60(b). Attorney review is available as an option before you file if your case involves a debt-collection statute-of-limitations question, a disputed service-of-process issue, or an eviction in which you claim title.	-	As set by the court

Frequently Asked Questions

An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough knowledge to admit or deny, and then lists your affirmative defenses. Maine has no mandatory statewide answer form for general civil cases, so you type the answer on standard pleading paper with the court, parties, and docket number set out in the caption under Maine Rule of Civil Procedure 10(a). Affirmative defenses you may need to plead are listed in Rule 8(c).

Serve and file your written answer within 20 calendar days of service under Maine Rule of Civil Procedure 12(a), or within 50 days if you were served outside the Continental United States or Canada. File it with the clerk of the District Court or Superior Court named in the summons, serve a copy on the plaintiff or the plaintiff's attorney under Rule 5(b), and use eFileMaine if you are required to e-file. There is no fee to file an answer in Maine.

Under Maine Rule of Civil Procedure 55(a), once you fail to plead or otherwise defend and that fact is shown by affidavit or otherwise, the clerk enters your default, and the court can enter a default judgment for what the complaint requests. You can move to set aside the entry of default for good cause under Rule 55(c). If a default judgment has already been entered, you file a motion for relief from judgment under Rule 60(b), which for excusable neglect must be brought within one year. Act quickly, because the one-year outer limit is firm.

Often yes. Parties commonly agree in writing to extend the response deadline, and you can ask the court to enlarge the time under Maine Rule of Civil Procedure 6(b). Filing certain pre-answer motions, such as a motion to dismiss under Rule 12(b), can also change the answer timeline until the court rules. Get any extension in writing or on the record, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file a response.

There is no fee just to file an answer in Maine, but if you file a counterclaim or otherwise owe a court fee, you can ask the court to waive it. The request is made on form CV-067 (Application to Proceed Without Payment of Fees) supported by the CV-191 financial affidavit, and eligibility is based on inability to pay or indigency. Filing the application lets you proceed without paying the fee while the court decides eligibility.

Yes. Maine treats insufficiency of service of process as a defense you can raise by motion under Maine Rule of Civil Procedure 12(b) or in your answer. If service did not follow the rules, the 20-day answer period may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring the summons still risks an entry of default and a default judgment under Rule 55(a).

Maine Rule of Civil Procedure 8(c) lists affirmative defenses you can plead, including statute of limitations, payment, release, accord and satisfaction, fraud, estoppel, waiver, res judicata, statute of frauds, and discharge in bankruptcy. To assert your own claim against the plaintiff, you file a counterclaim under Rule 13. A counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory under Rule 13(a) and can be lost if you do not plead it.

Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the six-year statute of limitations for contract actions under 14 M.R.S. section 752 and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. section 1692g. Note that debt claims at or under the small claims cap of $10,000 are often filed in the Small Claims Division, where no written answer is filed and you appear on the hearing date stated in the summons.

A party served with a divorce or dissolution complaint or petition has 21 days to file an appearance and answer under Maine Rule of Civil Procedure 105(a). You file your response with the District Court named in the summons. Missing the 21-day window can let the case proceed by default and let the court decide property, support, and parental rights and responsibilities without your input. Maine publishes family matter forms through the Judicial Branch website.

Maine follows the federal-style pre-answer motion. Under Maine Rule of Civil Procedure 12(b), you can move to dismiss for grounds such as lack of jurisdiction, insufficiency of service of process, or failure to state a claim upon which relief can be granted. The motion is filed within the same response window that applies to an answer and is set for a ruling. If the court denies it, you then serve your answer within the time the rule allows.

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