How to File a Counterclaim in Maine Small Claims Court

When a Counterclaim Makes Sense

A counterclaim is your own money claim against the person who sued you. If a contractor sues you for an unpaid balance and you believe the work was defective, the counterclaim is where you ask the court to award you the cost of fixing the problems. If a former landlord sues over property damage and you never got your security deposit back, the counterclaim is how you recover it.

Maine small claims rules allow counterclaims as long as two conditions are met: the dispute arises from the same transaction or occurrence as the plaintiff's claim, and the amount you are seeking does not exceed the $10,000 jurisdictional limit set by 14 M.R.S. § 7482 (raised from $6,000 under Public Law 2025, Chapter 261, effective January 1, 2026).

What You Need to File

There is no special counterclaim form. You file a written statement describing your claim, the facts supporting it, and the dollar amount you are requesting. Submit this to the District Court clerk handling the case.

You also pay the standard filing fee of $70 for a small claims action up to $10,000. If you cannot afford the filing fee, you can apply for a waiver using Form CV-067 (Application to Proceed Without Payment of Fees) and Form CV-191 (Financial Affidavit).

Once filed, the counterclaim must be served on the plaintiff. The clerk can handle service for $15 per party if you file fewer than three small claims cases per month. Otherwise, you arrange service yourself through certified mail or a process server.

The $10,000 Cap Applies to Counterclaims Too

The same $10,000 ceiling that governs the plaintiff's original claim also covers your counterclaim. If your damages exceed $10,000, you have two options: waive the excess and cap your counterclaim at $10,000 to stay in small claims court, or file a separate civil action in District Court or Superior Court where there is no dollar cap but the procedure is more formal.

Most defendants in small claims stay within the limit. Waiving the excess is common when the speed and simplicity of small claims court outweigh the difference in recovery.

Timing Matters

File your counterclaim by the hearing date. Rule 3(b) allows a responsive pleading up to the hearing, but the claim must also be served on the plaintiff. Filing early gives the plaintiff time to prepare and helps avoid a continuance.

If you show up at the hearing and announce a counterclaim for the first time without having filed it, the judge may not hear it that day. The plaintiff is entitled to notice and time to gather evidence against your claim.

What Happens at the Hearing

Both the original claim and your counterclaim are heard together at the same hearing. The plaintiff presents their case first, then you present your defense and your counterclaim. The judge can award money to either side — or to both, with one amount offset against the other.

For example, if the plaintiff wins $3,000 on the original claim and you win $1,800 on your counterclaim, the net judgment would be $1,200 in the plaintiff's favor. If your counterclaim exceeds the plaintiff's award, the net goes in your favor.

Bring the same quality of evidence for your counterclaim that you would for any small claims case: contracts, receipts, photographs, text messages, repair estimates, and any witnesses who can support your version of events. Prepare two hard copies of every exhibit — one for the judge and one for the opposing party, plus your original.

CADRES Mediation Still Applies

Even with a counterclaim in play, both sides can attempt CADRES mediation on the hearing date. Mediation is free (the cost is built into the filing fee) and handled by a neutral mediator, not the judge. If you reach an agreement through mediation, it becomes a binding court order that cannot be appealed.

Mediation can be especially useful when there is a counterclaim, because both sides have something at stake and are more likely to negotiate a middle ground.

One Thing to Watch

If your counterclaim involves a debt-collection dispute — a lender, debt buyer, or collection agency that sued you — the procedural landscape shifts. These cases involve consumer protection statutes under 32 M.R.S. § 11002, and free legal organizations like Pine Tree Legal Assistance and the Volunteer Lawyers Project handle them routinely. Contact them before filing a counterclaim in a debt collection case.

For a complete walkthrough of every response option — disputing, admitting, counterclaiming, and preparing for the hearing — the Maine Small Claims Response Guide covers the full sequence from the day you are served through post-judgment options.

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