The average cost of an eviction in Maine for all filing, court, and service fees is $172. However, the cost can vary heavily based on the process server’s fee. Evictions shall be filed in District Court.
| Fee | District |
| Initial Court Filing | $105 |
| Summons Service | $16+ |
| Writ of Possession Service | $16+ |
| Writ of Possession Execution | $40 |
| Notice of Appeal Filing (Optional) | $175 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Maine, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Forcible Entry and Detainer”) with the court the following business day.
The landlord shall pay an initial filing fee of $100 for a Forcible Entry and Detainer Action. Additionally, the landlord shall pay a filing fee of $5 to obtain a Summons form from the clerk.
2. Summons Service Fee
Once a Complaint is filed in Maine, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
Service fees vary by process server; however, a sheriff may charge $16 for each service and $40 if the process is made in person. [ttip number=’1′ icon=’popover-balance’] A private process server may charge more.
3. Writ of Possession Service Fee
In Maine, if the court rules in favor of the landlord, the court shall issue a Writ of Possession. The writ is the tenant’s final notice to vacate the premises. a sheriff or constable must serve the Writ of Possession to the tenant.
A sheriff may charge $16 for each service and $40 if the process is made in person. [ttip number=’1′ icon=’popover-balance’]
4. Writ of Possession Execution Fee
If a tenant remains at the premises, a sheriff or constable can return to the premises to enforce the writ. A sheriff or constable in Maine can charge $40 [ttip number=’1′ icon=’popover-balance’] for executing the writ and returning to the property to remove the tenant.
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal in Maine, the filing fee is $175. [ttip number=’2′ icon=’popover-balance’]An Appeal shall be filed within 30 calendar days after the court enters judgment or upon the issuance of the Writ of Possession, whichever occurs first. [ttip number=’3′ icon=’popover-balance’]
Sources
- 1 30-A ME Rev Stat § 421 (2022)
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For service of all writs or complaints with summonses, precepts, notices, executions, court orders, orders of service, copies and all other civil process or papers requiring service that are not specified in this section: …C. For all other proceedings, $16 for each such service and $40 if the service is made in hand;
- 2 14 ME Rev Stat § 6008 (2022)
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1. Right to appeal. Either party may appeal on questions of law from a judgment to the Superior Court as in other civil actions. Either party may appeal on any issue triable by right by a jury to a trial de novo in the Superior Court as provided in this section. The time for filing an appeal of the judgment of the District Court expires upon the issuance of the writ of possession pursuant to section 6005 or 30 days from the time the judgment is entered, whichever occurs first.
- 3 ME R. Civ. P. 80D (2022)
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Either party may appeal to the Superior Court and the Law Court on questions of law as in other civil actions.