STATE OF MAINE

DISTRICT COURT

Location: ____ Docket No.: ______

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (IF APPLICABLE) COUNTERCLAIM

[// GUIDANCE: Insert the court location (county) and docket number exactly as they appear on the Notice of Small Claim. Maine small-claims matters are heard in District Court pursuant to 14 M.R.S. §§ 7481-7489.]

I. DOCUMENT HEADER

1. Parties.
   a. Plaintiff: [PLAINTIFF NAME], an individual/entity with an address at [PLAINTIFF ADDRESS].
   b. Defendant: [DEFENDANT NAME], an individual/entity with an address at [DEFENDANT ADDRESS].

2. Effective Filing Date.
   This Answer is timely filed within the period permitted by the Maine Rules of Small Claims Procedure (the “Rules”)—currently [##] calendar days after service of the Notice of Small Claim.
   [// GUIDANCE: Verify the deadline. As of this drafting, the defendant must file an Answer no later than the deadline stated in the Notice of Small Claim, ordinarily 20 days from service. Adjust if local practice differs.]

3. Jurisdiction & Venue.
   Defendant admits this Court has subject-matter jurisdiction under 14 M.R.S. § 7482 and that venue is proper pursuant to 14 M.R.S. § 7483(2).

II. DEFINITIONS (Limited to Litigation Context)

For ease of reference, capitalized terms have the meanings below:

“Complaint” means the Plaintiff’s Notice of Small Claim dated [DATE].
“Defendant” means [DEFENDANT NAME].
“Plaintiff” means [PLAINTIFF NAME].
“Rules” means the Maine Rules of Small Claims Procedure, as amended.

III. OPERATIVE PROVISIONS

1. General Denial.
   Pursuant to Rule 3(d) of the Rules, Defendant denies each and every allegation in the Complaint not expressly admitted herein and demands strict proof thereof.

2. Paragraph-by-Paragraph Responses.
   [// GUIDANCE: Replicate each numbered paragraph of the Complaint and admit, deny, or state “lack knowledge or information.”]
   a. Paragraph 1: [ADMIT / DENY / LACK KNOWLEDGE].
   b. Paragraph 2: [ADMIT / DENY / LACK KNOWLEDGE].
   c. Paragraph 3: [ADMIT / DENY / LACK KNOWLEDGE].
   d. Continue as necessary.

IV. AFFIRMATIVE DEFENSES

Without assuming the burden of proof where it otherwise rests upon Plaintiff, and reserving the right to amend, Defendant asserts the following defenses:

1. Failure to State a Claim.
2. Payment and/or Accord and Satisfaction.
3. Statute of Limitations.
4. Lack of Standing.
5. Improper Service of Process.
6. Lack or Failure of Consideration.
7. Set-Off and Recoupment.
8. Unjust Enrichment.
9. Waiver, Estoppel, and Laches.
10. Any additional defense permitted under the Rules or Maine law that becomes apparent through discovery or at trial.

[// GUIDANCE: Delete, add, or revise defenses to align with actual facts. Under Rule 3(g), affirmative defenses not raised may be deemed waived.]

V. COUNTERCLAIM (Optional—Complete Only If Applicable)

1. Counterclaim Jurisdiction.
   This Counterclaim is within the small-claims monetary limit (currently $[LIMIT]) and arises out of the same transaction or occurrence as Plaintiff’s claim. See 14 M.R.S. § 7482(5).

2. Parties.
   Counter-Claimant: [DEFENDANT NAME] (hereafter, “Counter-Claimant”).
   Counter-Defendant: [PLAINTIFF NAME] (hereafter, “Counter-Defendant”).

3. Factual Allegations.
   a. On or about [DATE], Counter-Defendant [describe conduct].
   b. As a direct result, Counter-Claimant suffered damages of $[AMOUNT].

4. Cause(s) of Action.
   a. Breach of Contract – Counter-Defendant failed to perform under the agreement dated [DATE].
   b. Unfair Trade Practices – Counter-Defendant’s conduct violates [cite if certain, e.g., 5 M.R.S. § 207].

5. Prayer for Relief on Counterclaim.
   Counter-Claimant demands:
   i. Judgment in the amount of $[AMOUNT] plus allowable interest;
   ii. Costs as permitted by 14 M.R.S. § 1502-C; and
   iii. Such other and further relief as the Court deems just and proper.

[// GUIDANCE: File any Counterclaim no later than the deadline in Rule 3(f) (generally at least 7 days before the hearing) and serve it on Plaintiff.]

VI. PRAYER FOR RELIEF (ON PLAINTIFF’S CLAIM)

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the Complaint with prejudice;
2. Enter judgment in favor of Defendant;
3. Award Defendant allowable costs; and
4. Grant such other and further relief as justice requires.

VII. RESERVATION OF RIGHTS

Defendant reserves the right to amend this Answer, assert additional affirmative defenses, and pursue discovery as permitted by the Rules.

VIII. DISPUTE RESOLUTION (Small Claims Context)

Pursuant to 14 M.R.S. § 7483(1-A), small-claims matters are heard by a judge without a jury, and arbitration is not applicable unless both parties stipulate otherwise.

IX. GENERAL PROVISIONS

Sections customarily found in commercial contracts—such as indemnification, limitation of liability, or force-majeure clauses—are inapplicable to a small-claims Answer and are therefore intentionally omitted.

X. EXECUTION & VERIFICATION

I certify under penalty of perjury under the laws of the State of Maine that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Date: ________

[DEFENDANT NAME]
Defendant / Counter-Claimant (pro se)
[DEFENDANT ADDRESS]
[DEFENDANT TELEPHONE]
[DEFENDANT EMAIL]

[// GUIDANCE: If represented, substitute counsel’s signature block and include bar number.]

CERTIFICATE OF SERVICE

I hereby certify that on the _ day of _, 20__, I mailed a true and correct copy of the foregoing Answer (and Counterclaim, if any) by first-class mail, postage prepaid, to:

[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]

[DEFENDANT OR COUNSEL SIGNATURE]

[// GUIDANCE SUMMARY]
1. File the completed Answer with the clerk’s office before the deadline shown on the Notice of Small Claim.
2. Serve Plaintiff by first-class mail (or as the Court may order) and complete the Certificate of Service.
3. Bring all evidence and additional copies to the hearing.
4. Consider mediation or settlement discussions prior to hearing; Maine courts encourage early resolution.
5. If you assert a Counterclaim, pay any required additional filing fee and ensure service is effected pursuant to the Rules.