As amended through November 25, 2024
Rule 4 - Service of Statement of Claim; Notice of Hearing(a) Service by Plaintiff: Methods of Service. A plaintiff who has filed or intends to file 3 or more small claims actions in a calendar month shall make service of the statement of claim on each defendant as provided in this rule. Any of the following methods of service may be used: (1) By mailing a copy of the statement of claim, first class, postage prepaid, to the person to be served, together with two acknowledgment forms provided by the court and a return envelope, postage prepaid, addressed to the sender. If no acknowledgment of service under this paragraph is received by the sender within 20 days after the date of mailing, service may be made by another method provided herein. Service by this method is complete when the acknowledgment is signed by the defendant, provided that acknowledgment is returned to the sender. (2) By mailing a copy of the statement of claim, first class, postage prepaid, registered or certified, restricted delivery, return receipt requested, to the person to be served. Service by this method is complete when the registered or certified mail is delivered and the receipt is signed by the person to be served, provided that the receipt is returned to the sender. (3) By service of the statement of claim upon the person to be served by the sheriff or deputy or other person authorized by law or specially appointed by the court to serve process. (b) Service by Clerk. A plaintiff who has filed or intends to file less than 3 small claims actions in a calendar month shall have the option of making service of the statement of claim on the defendant as provided in this rule or requesting the clerk to arrange for service. A plaintiff who requests that the clerk arrange for service shall file with the statement of claim an affidavit stating that the plaintiff has not and does not intend to file 3 or more small claims actions in any court in the State during that calendar month. A plaintiff who requests the clerk to arrange for service shall pay to the clerk a fee specified in the Court Fee Schedule for each defendant joined and to be served in the action Service by the clerk shall be by method (a)(l). If service cannot be completed by method (a)(l), the clerk shall arrange for service by method (a)(3) if authorized by the plaintiff which shall be at the expense of the plaintiff. (c) Service on Individual Defendant. If the defendant is an individual and if service is made by method (1) or (2), the defendant shall sign the acknowledgment or return receipt. If service is made by method (3) it shall be upon the defendant in hand or by leaving a copy of the statement of claim at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein or as otherwise permitted by the court. (d) Service on Corporate Defendant. If the defendant is a corporation, service may be made by any of the methods in (a) upon any officer, director or general agent, or if no such officer or agent be found, to any person in the actual employment of the corporation or to any agent or attorney in fact authorized by appointment or by statute to receive or accept service on behalf of the corporation, or in any manner permitted in M.R. Civ. P. 4(d)(10). The acknowledgment, return receipt or other return of service, or in lieu thereof, an affidavit by the plaintiff, must indicate the capacity of the person served. If service is to be arranged by the clerk, the plaintiff must provide the clerk with the name and address of the person to be served. (e) Return of Service. If service is arranged by the plaintiff, the plaintiff must file with the clerk the return of service, which shall consist of the signed acknowledgment if method (1) is used, the signed return receipt if method (2) is used, or the return of service signed by the sheriff, deputy or other authorized server if method (3) is used. The return of service must be filed with the court within 20 days of the date of service. (f) Notice of Hearing. Notice of hearing date and time shall be mailed to the plaintiff and defendant by the clerk at the addresses provided on the statement of claim unless the clerk is notified by the party of a different address. (g) Time of Notice. The notice of hearing must be mailed to the parties not less than 10 days prior to the date of the hearing. Me. R. Small. Claims. P. 4