Lewiston, ME asked in Small Claims for Maine

Q: What if I discover the amount of my claim is over the maximum figure small claims allows after I filed a claim? Can I

refile in regular court?

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1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Yarmouth, ME
  • Licensed in Maine

A: Yes, you should ordinarily be able to voluntarily dismiss your small claims court action and refile it in the proper court (depending on what stage the small claims proceedings are at). The other option to consider is waiving the amount of your claim that exceeds the small claims court limit ($6,000) and proceeding on your claim in that reduced amount (obviously, your willingness to do this may well depend on the amount of your claim that exceeds the small claims court limit).

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