Sued by a debt collector in Maine

In Maine you usually have about 20 days to answer a debt lawsuit. Here is what happens if you don't, how an old debt can be a defense, what can be taken if you lose and what to do now.

Short answer

Maine's deadline is shorter than in most states, so act fast. Superior or District Court civil case: 20 days after you are served with the summons and complaint (Maine Rule of Civil Procedure 12(a)). If you don't answer within 20 days, the collector can ask the court for a default judgment. Too old? Maine allows 6 years to sue on a written contract, and an older debt can be a defense.

Time to answer
20 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

The answer deadline in Maine

Time to answer
Superior or District Court civil case: 20 days after you are served with the summons and complaint (Maine Rule of Civil Procedure 12(a)). Debt collectors cannot use small claims court in Maine.
Court self-help
Maine court self-help (official)

Maine gives 20 days, shorter than most of our 48 state guides (14 to 30 days).

In nearby states

If you don't answer in Maine

If you don't answer within 20 days, the collector can ask the court for a default judgment.

Good to know before court in Maine

  • Debt collectors cannot sue you more than 6 years after your last activity on the debt, and once that time runs out, a payment or promise does not restart it. (32 M.R.S. § 11013(7)-(8))
  • Debt collectors cannot sue consumers in small claims court. (32 M.R.S. § 11021)
  • Debt buyers must have detailed records (original creditor, chain of ownership, the contract) before collecting. (32 M.R.S. § 11013(9))
  • 663): new medical-debt limits on interest, fees and lawsuits.

After a judgment in Maine

  • Wage limit: The court can order payments of no more than the smallest of: 25% of your weekly disposable earnings (plus exempt income), or the amount above 40 times the higher of the federal or Maine minimum wage per week.
  • Bank account: Up to $3,000 in cash and bank or other financial accounts is exempt. (14 M.R.S. § 4422(17))
  • Property: Home: up to $80,000 of equity, or $160,000 if minor dependents live with you or you or a dependent are 60+ or disabled (14 M.R.S. § 4422(1)).

Maine's garnishment rules

Old debts as a defense in Maine

Maine's time limit to sue is 6 years (14 M.R.S. § 752; 32 M.R.S. § 11013(7)-(8)). Restarting the clock is limited in Maine: Not for debt collectors: once the 6 years since your last activity have passed, a later payment, written or oral promise, or other activity does not revive or extend the time to sue. Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Check Maine's statute of limitations

Suing a collector who breaks the rules in Maine

You can sue a debt collector for actual damages plus up to $1,000 in extra damages ($2,000 against a debt buyer), plus court costs and attorney's fees if you win. You must sue within 1 year after the violation. (32 M.R.S. § 11054)

Small claims court in Maine

  • Maine is one of the few states that bars debt collectors from filing in small claims court (32 M.R.S. § 11021).

Responding to a debt lawsuit in Maine

  1. Confirm the case with the court

    Find the case through the court's own website or clerk.

  2. Note the answer date

    In Maine: Superior or District Court civil case: 20 days after you are served with the summons and complaint (Maine Rule of Civil Procedure 12(a)).

  3. Send in your answer

    File it with the court clerk and send a copy to the collector's lawyer. Start with Maine court self-help (official).

  4. List your defenses

    Is it yours, is the amount right, did you pay, is it older than Maine's 6 years for written contracts?

  5. Don't skip a hearing

    Bring every paper you have, and send a dispute letter so the collector must prove the debt.

Free help in Maine

Questions about debt lawsuits in Maine

How many days do I get to answer a debt suit in Maine?

Superior or District Court civil case: 20 days after you are served with the summons and complaint (Maine Rule of Civil Procedure 12(a)). Debt collectors cannot use small claims court in Maine.

Can a collector win by default in Maine?

If you don't answer within 20 days, the collector can ask the court for a default judgment.

Can I use the statute of limitations as a defense in Maine?

Maine's time limit to sue is 6 years (14 M.R.S. § 752; 32 M.R.S. § 11013(7)-(8)). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

How does small claims court work for debts in Maine?

Maine is one of the few states that bars debt collectors from filing in small claims court (32 M.R.S. § 11021).

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