How to File a Small Claims Lawsuit in Maryland

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1Trying to Resolve Your Dispute out of Court

2Analyzing Your Claim

3Filing Your Claim

4Proceeding with Your Claim

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If you have a small dispute with someone that you just can't seem to resolve on your own, you might consider filing a small claims lawsuit. Small claims in Maryland are filed in District Court, and the state provides plenty of resources for people filing small claims as well as standardized forms you can fill out. Small claims are heard by the District Court using a simplified procedure with less formal rules than you would find if you filed a regular civil suit, all designed so that you can file the lawsuit yourself without having to hire an attorney.

Steps

Part 1

Part 1 of 4:

Trying to Resolve Your Dispute out of Court

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   Have a conversation. Before you file a lawsuit, try talking to the person you have a problem with and see if the two of you together can come up with some sort of compromise.

   • Before you sit down with the person, prepare yourself by writing down specifics in terms of how much money you believe the person owes you and why.
   • When you do meet, try to avoid acting angry or confrontational. If he asks you a question and you don't know the answer, don't make something up – explain that you don't know the answer and you will research and get back to him. Provide a specific date when you will have the answer.
   • Remain calm, and try to leave him with the impression that it's not a personal issue and you're not mad at him, you simply believe he is responsible for your losses due to his actions.
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   Send a written demand letter. If attempted conversations have gotten nowhere, explain your position and your claims in a written demand letter.

   • Begin your letter by describing the dispute in clear, concise terms. If you can't agree on the amount you are owed, you may at least be able to get him to agree on what happened, or on the circumstances that gave rise to the dispute.
   • Let the person know the exact amount of money you think he owes you, and give him an exact deadline to respond.
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   Work with a mediator. Rather than file a lawsuit, you might consider using mediation or another form of alternate dispute resolution to resolve your dispute.

   • Mediation is less formal than court, and can be less time-consuming and less expensive than a formal trial – even a trial in small claims court.
   • Mediators tend to encourage an amicable resolution, and hold meets in non-confrontational settings, so mediation may be preferable to you if you want to retain a good relationship or even a friendship after the dispute is resolved.
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Part 2

Part 2 of 4:

Analyzing Your Claim

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   Confirm your claim can be tried as a small claim. You can only use the small claims process if you're filing a simple claim for monetary damages only, and you're not asking for more than $5,000.

   • Small claims courts also only deal with cases involving money damages. If you want the court to order the other person to return property belonging to you, or to stop a certain act, you cannot use small claims court.
   • Small claims court also is a simplified process that does not involve discovery – legally requesting documents or information from the other side. If you don't have all the evidence you need to prove your case, and need to ask the other side for documents to prove your case, you probably cannot use small claims court.
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   Evaluate your odds of success. Before you file a small claims lawsuit, honestly assess your case and try to figure out whether it will be worth the time and money in the end.

   • Since you are initiating the lawsuit, it is you – the plaintiff – who has the burden of proving each aspect of your claim by a preponderance of the evidence.
   • This means you must have enough evidence to show that it is more likely than not that the defendant harmed you and owes you monetary damages.
   • If you don't have a lot of evidence to support your claim, you may not benefit by filing a small claims lawsuit.
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   Find the court that has proper jurisdiction and venue. The District Court cannot legally hear your claim unless it has power over both the subject matter of your claim and the person you're suing.

   • Typically, you would file your lawsuit either in the District Court in the county where the events took place that gave rise to your claim, or in the county where the person you're suing lives (or where the business you're suing is located).
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   Check the statute of limitations. The statute of limitations provides a deadline for different types of claims after which you cannot file a lawsuit.

   • The statute of limitations essentially is an expiration date. If the period of time has ended, you can no longer file a lawsuit against the person for any claims arising from that particular set of facts.
   • In Maryland, the statute of limitations for nearly any civil action is three years.
   • If, for example, you were involved in a car wreck with another driver in 2005, you would not be able to sue that driver in Maryland in 2015 for damages you incurred as a result of that car wreck.
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   Complete your complaint form. Once you're satisfied that everything else is in order, get the standardized form from your court clerk and fill it out.

   • The complaint form tells the court who you're filing the lawsuit against, why you're filing the lawsuit, and how much money you are seeking as a result.
   • The Maryland Courts have instructions for filling out the complaint form that explain each section in detail along with the information you will need to complete it. Look over the form before you start completing it, and read the instructions if there are any areas of the form that you don't understand.
   • Make sure you have the full, correct legal name of the person or business you're suing. If you don't have the correct name, your case may be delayed or even dismissed. If you're unsure of a business's name, check the online database of business filings to find out the type of business and its formal name.
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Part 3

Part 3 of 4:

Filing Your Claim

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   Sign your complaint form. After you've included everything in your complaint that you believe is necessary for the judge to know, you're ready to sign it.

   • The court won't accept your form and schedule your case for hearing until you've signed your complaint form.
   • Underneath your signature, there's space to write your contact information such as your mailing address, telephone number, and email address.
   • Attach any documents that support your argument or are referenced in your complaint as exhibits to your complaint. Make sure you've made copies of those documents rather than attaching the originals, since the court will keep them.
   • For example, if you're filing a small claims suit based on a written contract you entered into with your neighbor to paint his fence, you should attach a copy of the contract as an exhibit to your complaint.
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   Make copies of your paperwork. You should make at least one copy of all the documents you file with the court for your own records, as well as copies to serve on the person you're suing.

   • When you file your complaint and exhibits with the clerk, the original will be kept for the court.
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   File your paperwork with the clerk of courts. Take your originals and copies to the clerk for filing so you can begin your lawsuit.

   • You must pay a filing fee to have your papers filed with the court. The fee to start a new small claim action is $34.00.
   • In addition to the filing fee, the clerk's office may assess other fees such as for copies or for service of process.
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   Have the other side served with your complaint. After you've filed your complaint, the person you're suing must be legally served so he has knowledge of the lawsuit against him.

   • The clerk will issue a writ of summons to notify the defendant that he is being sued. This summons must be legally served on the defendant along with a copy of your complaint form and any exhibits to the complaint that you also filed.
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   Make sure proof of service is filed with the clerk. After the person you're suing has been served, the court requires a form to be filed as proof that he knew about the lawsuit.

   • Once the court receives proof of service, the clerk will schedule a hearing.
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Part 4

Part 4 of 4:

Proceeding with Your Claim

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   Wait for a response from the other side. After service is complete, the person you're suing may respond to your lawsuit in a number of different ways.

   • The defendant has 15 days to file a Notice of Intent to Defend. This lets the court know that the defendant plans on contesting your claim. The court will notify you if such a notice is filed.
   • If the defendant doesn't file a notice with the court within 15 days, the judge reviews your complaint and attached documents. If the judge believes your attached documents prove your case, she will issue an affidavit judgment without trial.
   • If you want to be eligible for an affidavit judgment, you must complete Section 4 of the Complaint form.
   • The defendant also may respond by attempting to negotiate a settlement with you. He may have thought your previous statements about filing a lawsuit were merely empty threats. Now that you've actually done it, he may be more willing to consider a settlement rather than actually going to court.
   • On the other hand, the defendant may want to countersue you, claiming you owe him for some other incident.
   • If the defendant ignores your complaint, and you haven't filled out the portion of the complaint dealing with an affidavit judgment, you'll have to wait for the date of your hearing and see if he shows up. If he doesn't show up at the hearing, the judge may award you a default judgment.
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   Gather evidence and witnesses. If you plan on producing any evidence or calling any witnesses to testify on your behalf, make sure they're available on your court date.

   • Practice questions with your witnesses and make sure they understand their role and what they need to do. Emphasize to them that they should be honest in their answers because they are under oath, but that they should say as little as possible and not volunteer more information than is absolutely necessary to answer the question.
   • If you plan to present any documents or exhibits, organize them in a way that makes sense to you, and label them carefully so that you don't get items confused and you're able to find what you need quickly without a lot of shuffling and digging through loose papers.
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   Prepare for your court date. Review your evidence and outline your argument before your court date.

   • Since it is your claim, make sure you know exactly when and where you need to be on the date your hearing is scheduled. If you don't show up, the court will dismiss your case.
   • Plan your opening and closing statements and practice them in the mirror.
   • The judge decides the case based solely on the evidence you provide to him, so make sure you know your case inside and out and have evidence for every possible fact you might mention.
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   Consider consulting an attorney. Even if you're not interested in having an attorney represent you at your hearing, or can't afford to hire one, you might want an attorney to look over your argument and give you pointers.

   • An attorney may be especially helpful if you have a more complex claim, if you have several different types of claims, or if the defendant has filed counterclaims against you.
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