1. What Is Small Claims Court in Maryland?
Small claims court in Maryland is a division of the District Court that handles disputes involving smaller monetary amounts. It is designed to provide a quick, affordable, and simplified process for resolving disputes without the need for a lawyer.
2. Types of Cases Handled in Maryland Small Claims Court
You can file a case in Maryland small claims court for:
- Unpaid Debts: Loans, wages, or invoices.
- Breach of Contract: Disputes over unfulfilled agreements.
- Property Damage: Vehicle repairs, negligence, or damages to personal belongings.
- Landlord-Tenant Issues: Claims for unpaid rent or property damage (excluding evictions).
3. Monetary Limits in Maryland Small Claims Court
The maximum claim amount for Maryland small claims court is $5,000, excluding interest and court costs. If your claim exceeds this limit, you must file your case in the regular District or Circuit Court.
4. Steps to File a Case in Maryland Small Claims Court
Step 1: Determine Jurisdiction
File your claim in the District Court where:
- The defendant resides or conducts business.
- The dispute occurred.
Step 2: Obtain and Complete the Complaint Form
- Use Form DC-CV-001 (Complaint/Application and Affidavit in Support of Judgment).
- Forms are available at your local District Court or on the Maryland Judiciary website.
- Provide details such as:
- Your name and contact information.
- Defendant’s name and address.
- A description of the dispute and the amount you’re seeking.
Step 3: File the Complaint
- Submit the completed form to the appropriate District Court location.
- Pay the filing fee, which ranges from $34 to $46, depending on the claim amount.
Step 4: Serve the Defendant
The defendant must be formally notified of the lawsuit. Methods include:
- Certified Mail: Handled by the court for a fee.
- Sheriff’s Service: Costs around $40–$50.
- Private Process Server: Fees vary by provider.
Step 5: Prepare for the Hearing
- Collect evidence such as contracts, receipts, photos, and witness statements.
- Organize your documents and rehearse explaining your case.
Step 6: Attend the Hearing
- Present your case before a judge on the scheduled court date.
- Bring all evidence and witnesses to support your claim.
5. Costs of Filing a Case in Maryland Small Claims Court
| Claim Amount | Filing Fee |
|---|---|
| Up to $5,000 | $34–$46 |
Additional costs include:
- Service Fees: Certified mail or personal service, typically $10–$50.
- Judgment Enforcement: If the defendant does not pay, additional fees may apply for garnishment or liens.
6. What Happens After the Hearing?
- Judgment: If you win, the court will issue a judgment requiring the defendant to pay the claimed amount.
- Enforcement: If the defendant does not comply, you may need to take further steps, such as:
- Wage garnishment.
- Placing a lien on the defendant’s property.
- Seizing assets.
7. Tips for Filing a Successful Claim in Maryland
- Provide Accurate Information: Ensure all names, addresses, and claim details are correct.
- Prepare Thoroughly: Organize your evidence to present a clear and convincing case.
- Be Professional: Remain respectful and focused during the hearing.
- Understand the Statute of Limitations: File your claim within the applicable timeframe:
- 3 years for most civil claims.
8. Maryland District Court Locations
Small claims cases are handled at District Court locations throughout Maryland. Popular locations include:
- Baltimore City: 501 E. Fayette Street, Baltimore, MD 21202
- Montgomery County: 191 E. Jefferson Street, Rockville, MD 20850
- Prince George’s County: 14735 Main Street, Upper Marlboro, MD 20772
For a full list of District Court locations, visit the Maryland Judiciary website.
Frequently Asked Questions (FAQs)
1. Can I file a claim online in Maryland small claims court?
No, claims must be filed in person or by mail at the appropriate District Court location.
2. Do I need a lawyer for small claims court in Maryland?
No, small claims court is designed for self-representation, but you can consult a lawyer for advice.
3. How long does it take to resolve a small claims case in Maryland?
Most cases are resolved within 1–3 months, depending on court schedules.
4. What happens if the defendant doesn’t show up?
The court may issue a default judgment in your favor if the defendant fails to appear.
5. Can I appeal a small claims court decision?
Yes, appeals can be filed in the Circuit Court within 30 days of the judgment.
6. What if my claim exceeds $5,000?
You must file your case in the regular District or Circuit Court.
Conclusion
Small claims court in Maryland offers an efficient and affordable way to resolve disputes involving amounts up to $5,000. By following the steps outlined above and preparing thoroughly, you can confidently present your case and achieve a fair resolution. Visit the Maryland Judiciary website or contact your local District Court for more information.