Maine · Unpaid personal loan
Unpaid personal loan in Maine small claims
Friend or family owes you money? Recover it in small claims.
Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.
In Maine, small-claims cases are heard in the Small Claims Court (a session of the District Court) and you can sue for up to $10,000 (effective January 1, 2026).
Good to know: Maine small claims court is not a separate court but a session of the District Court. Filings are made with the District Court clerk; small claims appeals are filed in the Superior Court.
Unpaid personal loan: steps that matter
- Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
- Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
- Send a written demand for repayment with a clear deadline and keep proof you sent it.
- Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
- File in the court where the defendant lives or where the loan was agreed to.
Filing your Statement of Claim (Form SC-001) in Maine
- Complete the Statement of Claim (SC-001). Fill out the Statement of Claim (SC-001) with a brief account of what happened, when, and what you want the court to do. Get the form free from any District Court clerk or the Forms page.
- Serve the defendant. Before filing, serve the defendant by certified mail with restricted delivery, hand delivery with an Acknowledgment of Receipt, or sheriff service in the defendant's county.
- File the claim and pay the fee. Once service is verified, file the Statement of Claim with the clerk within 20 days and pay the fee. If you cannot afford it, file an Application to Proceed without Payment of Fees (CV-067).
- Receive the hearing notice. Both parties get a Notice of Small Claims Hearing by mail with the date, time, and place. Be ready to present your case and evidence.
Filing fees: The fee to enter a small claims action is $55 (including a $15 mediation fee), set statewide by the Supreme Judicial Court (Administrative Order JB-05-26). Service costs are separate.
Deadline that applies to your unpaid personal loan
A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.
Written contract: 6 years (14 M.R.S. § 752)
Answering a lawsuit: No written answer is required; the defendant must be prepared to respond at the hearing.
Serving the defendant: You must serve the defendant before filing, by certified mail with restricted delivery, hand delivery with an Acknowledgment of Receipt, or the county sheriff. File proof of service, then file the claim with the clerk within 20 days of verified service.
Appeals: Either side may file a Notice of Appeal within 30 days. A plaintiff may appeal on a question of law only; a defendant on a question of law or fact. Appeals are filed in the Superior Court.
All Maine small-claims deadlines
The table below lists the filing deadlines Small Claims Court (a session of the District Court) applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract (14 M.R.S. § 752) | 6 years |
| Oral contract / debt (14 M.R.S. § 752) | 6 years |
| Property damage (14 M.R.S. § 752) | 6 years |
| Personal injury (general negligence) (14 M.R.S. § 752) | 6 years |
| Slander and libel (note: 2-year exception) (14 M.R.S. § 753) | 2 years |
Maine small-claims forms for your unpaid personal loan case
These forms are published by the Small Claims Court (a session of the District Court). Download and complete them before filing.
- Statement of Claim (SC-001): The initial document a plaintiff files to start a small claims case, stating the facts and the relief requested.
- Information Regarding Service in Small Claims Actions (SC-010): Official guidance on how to serve the defendant under M.R.S.C.P. 4 before filing.
- Notice of Appeal (SC-007): Used by either party to appeal a small claims decision to the Superior Court within 30 days.
- Application to Proceed without Payment of Fees (CV-067): Used to ask the court to waive the filing fee (file together with Financial Affidavit CV-191).
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Maine Judicial Branch: Small Claims. Last reviewed 2026-06-24.