Legal Question in Civil Litigation in Maine
In Maine can you remove a small claims case to the superior court prior to the hearing date of the
small claims case? That is, when you are served with the statement of claim can you remove the
case to the superior court?
1 Answer from Attorneys
I am not aware of any such proceedure allowed by Civil Court Rule. The Court favors handling matters with damages less than the jurisdictional limit in Small Claims Court.
If there is a Counterclaim that you wish to prosecute that exceeds the small claim amount and is related to the small claim filed against you, then filing the Superior Court Case, and filing a motion in the Superior Court case seeking a consolidation Order, copying the Small Claims Clerk, and appearing at the small claim hearing to move the Court to consolidate the 2 actions if the Superior Court has not yet by that date, may be the safest bet to avoid a default judgment against you in Small Claims if you do not appear.
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