How to File a Small Claims Lawsuit in Maryland

Small claims matters in Maryland are decided by a judge, without a jury.

Small claims court, a division of the District Court of Maryland, allows individuals to bring a civil suit against other individuals or businesses. Small claims lawsuits must demand money (not the return of property or the performance of a service) in an amount that does not exceed $5,000, including fees and interest. Plaintiffs must be at least 18 years old or have a parent or legal guardian file the suit on their behalf. Small claims matters in Maryland are decided by a judge, and rules of evidence and procedure are less formal, making it easier for parties to represent themselves without attorneys.

Instructions

1. Fill out the small claims court complaint form, giving as much detail as possible about your dispute and attaching applicable documentation. Contact the county clerk to obtain a complaint form and to ask
   any questions about completing the complaint.

2. File your small claims lawsuit in the county where the defendant lives or conducts business and pay the appropriate filing fees. If there are multiple defendants, you may file in the county where any one of them lives or conducts business.

3. Serve the complaint upon the defendant. The complaint may be served by certified mail, by a process server or any person over 18 who is not involved with the case. If the defendant is a business, serve the resident agent or owner, president or officer of the company. Serve the complaint immediately to avoid delays and dismissal of the case.

4. Provide the court with proof that the defendant has been served.

5. Gather documentation for the trial, which may include receipts, invoices, canceled checks, contracts, warranties, correspondence, photographs and anything else that supports your case. If there are witnesses who support your case, ask them to attend trial with you or issue a subpoena compelling them to appear in court.

Tips & Warnings

• Hire an attorney if you have trouble filling out the forms or you have questions about the specific laws or statute of limitations relating to your case. Matters involving personal injury, medical expenses or damage from a traffic accident may be more complicated, necessitating the services of an attorney.

• If you do not appear at the trial, the suit may be dismissed. Likewise, if the defendant does not appear, you may win by default.

References

• Peoples-law.org: How to Sue in Maryland Small Claims Court
• District Court of Maryland: How to File a Small Claim