An Act To Increase the Jurisdictional Limit for Small Claims
Maine Legislature, Session 124, LD 0443
Committee Amendment CA_A_H335 (House)
Amends: 14 MRSA §7482, 14 MRSA §7484-A

COMMITTEE AMENDMENT "A" to H.P. 331, L.D. 443, Bill, "An Act To 
Increase the Jurisdictional Limit for Small Claims" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 14 MRSA §7482, first C[, as am,ended by PL 1997, c. 23, §1, is further 
amended to read: 
---A- Notwithstanding the total amount of a debt or contract, a "small claim" means a 
right of action cognizable by a court if the debt or damage does not exceed $4;-WQ $6,000 
exclusive of interest and costs. It does not include an action involving the title to real 
estate. 
Sec. 2. 14 MRSA §7484-A, sub-§3 is enacted to read: 
3. Validation of debt in certain circumstances. If the plaintiff has purchased the 
debt being collected in the proceeding under this chapter, the plaintiff shall include with 
the filing of the complaint a statement listing the name and address of the original 
creditor. 
. 
Sec. 3. 14 MRS A §7485, as enacted by PL 1981, c. 667, §2, is amended to read: 
§7485. Effect of judgment 
Any fact found or issue adjudicated in a proceeding under this chapter, may not be 
deemed found or adjudicated for the purpose of any other cause of action. The judgment 
obtained shall be i§ res judicata as to the amount in controversy. If a plaintiff has reduced 
the amount of a claim or contract to meet the jurisdictional limits of this chapter, the 
judgment obtained is res judicata as to the full amount of the debt or contract in 
controversy. The only recourse from an adverse decision shall be i§ by appeal. 
Sec. 4. Legislative intent concerning filing fees for small claims actions. It 
is the Legislature's intent that the increase in the jurisdictional limit for small claims 
actions increase access to justice but not result in a decrease in General Fund revenue. 
COMMITTEE AMENDMENT 
~." 
. 26 
COMMITfEE AMENDMENT A 
"to H.P. 33 I, L.D. 443 
The Legislature recommends that the Supreme Judicial Court review filing fees for small 
claims and revise the filing fees appropriately. 
. 
Sec. 5~ Appropriations and allocations. 
The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides funds for one Assistant Clerk position and related costs to handle the 
projected increase in small claims cases. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2009-10 
2010-11 
1.000 
1.000 
$42,010 
$55,282 
$5,000 
$2,500 
$47,010 
$57,782 
This amendment reduces the increase in the jurisdictional limit for small claims 
actions to $6,000, which is comparable with the rate of inflation since 1997. The bill 
proposed increasing the limit to $10,000. 
This amendment incorporates the concept included in Legislative Document 375, 
which is to allow a person to use small claims court to collect a claim on a debt or 
contract as long as the amount claimed. is within the jurisdictional limits for small claims, 
even if the actual debt or contract has a higher value. The judgment on the amount 
claimed, however, is a finaljudgment with regard to the total debt or contract. 
This amendment does not prohibit a person who purchases debt from using small 
claims court to collect the debts, but it does require the plaintiff in such cases to file a 
statement with the complaint that lists the name and address of the original creditor. This 
protects the interests of the defendant in a small claims case when the plaintiff is not the 
original creditor. 
The requirement is intended to be consistent with the statement 
required, upon a consumer's written request, under the federal Fair Debt Collection 
Practices Act. . 
This amendment provides that the Legislature's intent is to increase access to justice 
and not to reduce revenue from filing fees. This amendment includes a recommendation 
to the Supreme Judicial Court that it review filing fees and revise them appropriately. 
This amendment adds an appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/08/09 Mac:.. 
Net Cost (Savings) 
General Fund 
124thMAINE LEGISLATURE 
LD443 
LR 1437(02) 
An Act To Increase the Jurisdictional Limit for Small Claims 
Fiscal Note for nm as Amended by Committee Amendment;4" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
($47,153) 
2010-11 
($67,768) 
Projections 
2011-12 
($66,110) 
Appropriations/Allocations 
General Fund 
$47,010 
$57,782 
$59,440 
Revenue 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
. $94,163 
$18,338 
$125,550 
$24,450 
$125,550 
$24,450 
Projections 
2012-13 
($64,401) 
$61,149 
$125,550 
$24,450 . 
This bill includes a General Fund appropriation of$47,010 in fiscal year 2009-10 and $57,782 in fiscal year 2010-11 
for one Assistant Clerk position within the Judicial Branch to handle the projected increase in the number of small 
claims filings. The corresponding increase in General Fund filing fees is estimated to be $94,163 in fiscal year 2009-
and $125,550 in fiscal year 2010-11. This estimate does not include any increase in the filing fee itself. 
LR1437(02) - Fiscal Note - Page 1 of 1