Navigating small claims court in Maryland can feel overwhelming, but this guide will break down the process into clear, easy-to-follow steps. Whether you’re filing a claim or defending one, this information will help you understand what to expect and how to prepare.
What is Small Claims Court?
Small claims court is a part of the District Court of Maryland where you can resolve minor disputes involving money. In Maryland, small claims cases involve amounts up to $5,000 and allow people to handle disputes quickly, often without an attorney.
How to File a Small Claims Case in Maryland
If someone owes you money and you've tried but cannot resolve it informally, filing a small claims case may be your next step. Here's how:
Prepare Your Case
Gather all the documents that support your claim, like receipts, contracts, emails, and any written agreements or records that show the other party owes you money.
Complete the Required Forms
Go to the District Court of Maryland’s website or your local courthouse to get the forms. The main form is called a “Complaint form” (DC-CV-001). This form will ask you to describe your claim and the amount of money you are seeking.
Prepare a Request for Summons form (DC-CV-010) to specifically inform the Clerk how you would like to serve the defendant. The options are: (1) service by Sheriff; (2) service by certified mail, restricted delivery; or (3) service by private process. File this form at the same time you file the complaint.
Note, as further explained in the next section of Service below, as a party to the case, you cannot serve process on the defendant. So, even though there is an option for service by certified mail, restricted delivery, you will still need to ask someone who is at least 18 years old to handle this task.
Prepare & File the Complaint
Submit the completed forms to the clerk at the District Court where the person you’re suing lives or where the issue happened. The filing fee generally ranges from $44.00 to $56 (as of 2024) for small claims cases, but confirm the exact amount with the court.
Note, if the defendant is an individual and you know his or her date of birth, you can check http://scra.dmdc.osd.mil/ to verify whether or not the defendant is on active duty status with the U.S. Armed Forces. You will need to check one of the boxes under the Military Service Affidavit section. Be sure to SIGN and DATE the affidavit section.
Also, do not forgot to SIGN and DATE the complaint (at the bottom of page one, on the line that says “Signature of Affiant”).
Serve the Defendant
After filing, you must serve (i.e., deliver) a copy of the complaint and supporting documents to the person you are suing (the “defendant”). The court can help with this step, often by arranging for the Sheriff’s Office to deliver the papers for an additional fee (as of 2024, the fee is $40 per defendant).
Importantly, as a party to the case, you cannot personally serve the documents on the defendant. You must either: (1) request that the Sheriff Office serve the papers; (2) hire a process server to serve the papers; or (3) ask a friend or family member who is over the age of 18 years old to serve the papers.
Attend the Court Hearing
You will receive a notice in the mail with your specific court date. Do NOT miss that court date, and ensure that you bring all your evidence and are well prepared to explain your case to the judge.
Defending Against a Small Claims Case in Maryland
If someone has filed a small claims case against you, don't panic. Here’s how to handle it:
Review the Complaint
Look carefully at the complaint papers you received to understand the claims being made and the amount requested. This will help you prepare your response.
Decide How to Respond
If you believe the claim is incorrect, gather any evidence that supports your side of the story, such as receipts, contracts, emails, and photos.
At the bottom of the court summons, complete the Notice of Intention to Defend if you intend on disputing all or some of the claims made by the plaintiff. File the completed form with the court as soon as possible. You have 15 days from the date you were served to file the form (60 days if you were served and reside outside of Maryland).
Consider Filing a Counterclaim
If the other person owes you money or caused you damages, you may be able to file a “counterclaim” to explain why they owe you. The process for filing a counterclaim is similar to filing an original complaint. You must file the counterclaim within 10 days after the due date of your Notice of Intention to Defend.
Attend the Hearing
Make sure to attend your court date and be on time. Dress appropriately and bring all your evidence. During the hearing, both sides will have a chance to present their case to the judge, who will then make a final decision.
Tips for Success in Small Claims Court
Be Organized: Bring all your documents, evidence, and notes in a neat, organized way.
Be Honest and Respectful: Judges appreciate honesty and respect. Present your case clearly and stick to the facts.
Dress Professionally: Perception is reality, and court proceedings are very formal in nature. Thus, it’s always a good idea to dress in professional attire when attending court. If you do not own a suit, at least make an effort to dress as professionally as possible. Avoid wearing jeans, flashy jewelry, t-shirts, shorts, sandals, sleeveless shirts, or tank tops.
Be Prepared to Settle: Sometimes, the judge will encourage both sides to settle the case before making a ruling. This can save time and reduce stress, so be open to discussing a fair resolution.
What Happens After the Hearing?
After the hearing, the judge will issue a decision. If you win, you may need to take additional steps to collect the money if the other party doesn’t pay voluntarily. The court provides resources to help you understand your options, such as garnishing wages or bank accounts if needed.
About the Author
Attorney Jordan D. Howlette is the founder and managing attorney of Justly Prudent, the civil rights arm of JD Howlette Law. Prior to establishing his practice, Jordan worked as trial attorney in the Tax Division of the U.S. Department of Justice, where he successfully litigated dozens of civil tax cases on behalf of the United States in federal courts around the country, securing millions of dollars in favorable judgments while also advocating for equitable justice. He is intimately familiar with the procedures, strategies, and processes of litigating cases from start to finish in court and with resolving multi-faceted civil disputes involving high-dollar amounts, complex statutory and regulatory provisions, and diverse parties from different jurisdictions.
DISCLAIMER: The information in this article is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Justly Prudent, JD Howlette Law, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included in, or accessible through, this article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.