Small claims court is the quickest and easiest route available if you need a resolution to any financial debt owed. Perhaps someone owes you money or refuses to pay for damage to your property. In most instances, a small claims court can help you.
If you think you have a chance at a case, you’ll need to understand how to navigate the court.
Your case must be made legally and adequately; otherwise, you risk having it dismissed. To learn more about how to take someone to a small claims court in Maryland, keep reading.
What Conditions Must Your Small Claims Lawsuit Meet?
To legally file a small claims lawsuit in Maryland District Court, your lawsuit needs to meet certain conditions. Your case must be:
- For a maximum of $5000
- Seeking financial compensation only
- Not requesting any discovery such as documents or testimony
If you meet all three conditions, your case can be filed with Maryland small claims court.
Could You Solve This Case With Mediation?
To avoid the potential hassle of a lawsuit, you can try to mediate with the defendant. You can hire a mediator to help discuss the situation and try to seek a fair resolution. They will consider each side and come to an agreement that benefits both parties. Maryland District Court has its own mediation program to help you develop a solution outside of court.
How Do You File A Small Claims Lawsuit In Maryland Small Claims Court?
Filing a small claims lawsuit in Maryland is a relatively simple one. You just need to adhere to the following four steps:
- Fill out and send off a complaint form with Maryland small claims court.
- As you file the complaint, pay the relevant filing fee.
- Once you file your suit, the court will send a Writ of Summons to the defendant. This informs them of the lawsuit.
- Then, the court receives Proof of Service to demonstrate that the defendant is aware of the lawsuit.
If You Are Suing An Individual
To sue an individual, they must be a minimum of 18 years old. If they are under 18 years old, the defendant will become the individual’s legal guardian. You must take care to name the correct defendant; otherwise, the suit will be pointless.
If You Are Suing A Company
Suing a company is slightly more complex than suing an individual. You need to name a defendant in your suit, but it can be confusing who the defendant is in a company of people. If someone guarantees the debt on behalf of the company, they are the defendant. If not, you must name the company itself.
You should always use their formal business name, which you can find on their website, branding, or even online. The suit could be stopped if you use their trade name instead, so make sure to do your research.
What Happens After You File A Small Claims Case In Maryland?
Once the filing process is complete, the case can proceed. You can decide whether to involve a lawyer, and there are help services available if you choose not to. The court will determine a date, and the defendant may file a Notice of Intention to Defend. You will be informed of their defense and given time to prepare your argument before the trial.
At trial, you will need to be present with any evidence of wrongdoing, including witnesses, documents, or exhibits. You will need to prove that the defendant owes you that money, and after you have both made your case, you will receive a verdict from the judge.
If you win, the defendant will have to pay you. If they do not, you may need to contact the court and take further steps to collect your money.
Are Small Claims Lawsuits Different In Other States?
Not every state will have the same rules for small claims courts. Every state has the right to alter its process as it sees fit. As a result, you need to be mindful of the rules in the state where you’re filing your small claim.
You may live in Maryland, but if the defendant does not, you will need to file in the state where they live. Delaware, Michigan, and California are strong examples of how small claims court rules can significantly differ across states.
California
- In California, you cannot hire a lawyer to represent you. You must represent yourself in small claims court.
- As an individual in California, you can claim a maximum of $10,000, whereas, in Maryland, you can only claim up to $5000.
Michigan
- Alongside your filing form, you must also file an affidavit that swears your statement is true. You must have this signed by a notary before filing your small claim.
- An individual or company can only sue for up to $5,500 in Michigan.
Delaware
- The small claims court in Delaware comes under the Justice of the Peace court. You can only file for debt, trespassing, or a landlord/tenant conflict.
- Delaware is the only state where you can file for up to $25,000 in compensation.