Rule 4. Service of Statement of Claim; Notice of Hearing

(a) Service by Plaintiff: Methods of Service. A plaintiff who files 3 or more small claims actions in a calendar month shall make service of the statement of claim on each defendant by any of the following methods:

(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.

(4) By service by alternate means pursuant to M.R. Civ. P. 4(g), only upon motion and a showing that service cannot with due diligence be made by another prescribed method.

(b) Service by Clerk. For up to 2 cases per calendar month, a plaintiff shall have the option of either making service of the statement of claim on a defendant as provided in subdivision (a) of this rule or requesting the clerk to arrange for service as set forth below. A plaintiff who requests that the clerk arrange for service shall

(1) provide the service address for the defendant;

(2) file with the statement of claim an affidavit stating that, including the claim being filed, the plaintiff has filed fewer than 3 small claims actions statewide during that calendar month; and

(3) 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 the method described in subdivision (a)(1). If service cannot be completed by the method described in subdivision (a)(1), the clerk shall return the statement of claim and any related paperwork to the plaintiff, who must complete service by the method described in subdivision (a)(2) or (a)(3), or, with approval of the court, by the method described in subdivision (a)(4).

(4) If the court has approved a plaintiff's request to have service costs paid by the court pursuant to M.R. Civ. P. 91(c), the plaintiff can request that the clerk arrange for service by the method described in subdivision (a)(1) or

(3) as provided by the court's order on the plaintiff's fee waiver request.

(c) Service on Individual Defendant. If the defendant is an individual and if service is made by the method described in subdivision (a)(1) or (a)(2), the defendant shall sign the acknowledgment or return receipt. If service is made by the method described in subdivision (a)(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. If service is made by alternate means, it shall be completed as ordered by the court.

(d) Service on Corporate Defendant. If the defendant is a corporation, service may be made by any of the methods in subdivision (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)(9). 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

(1) the signed acknowledgment if the method described in subdivision

(a) (1) is used;

(2) the signed return receipt if the method described in subdivision

(a) (2) is used;

(3) the return of service signed by the sheriff, deputy or other authorized server if the method described in subdivision (a)(3) is used; or

(4) an affidavit demonstrating that publication or compliance with the court's order has occurred, in compliance with the requirements of M.R. Civ. P. 4(g)(3) if the method described in subdivision (a)(4) 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.