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Glossary
Attachment
of Real Estate: A method of collecting the judgment by which the
defendant' s real estate is seized. It may then be ordered sold, with the net proceeds
used to pay the plaintiff.
Contract:
A
written or oral agreement between two or more parties.
Counterclaim: The
defendant's claim against the plaintiff.
Cross-Claim: When
one defendant sues a fellow defendant because he or she believes the fellow defendant is
liable for all or part of the money the plaintiff claims both defendants owe.
Default Judgment:
A judgment awarded in favor of the plaintiff when the defendant fails to
appear.
Defendant:
The person who is being sued.
Expert Witness:
A person who is qualified by special knowledge or experience to give an
opinion on the matter in dispute.
Fair Market Value:
The amount for which an item can be sold on the open market by a willing
seller to a willing buyer.
Execution:
A
court order to the sheriff to seize goods the defendant owns.
Garnishment of
Wages: A procedure whereby a portion of the defendant's wages are deducted
regularly and paid to the plaintiff to satisfy a judgment.
Garnishment
of Property: A procedure whereby the Court has the defendant's bank account
seized and the money paid to the plaintiff to satisfy the judgment.
Lawyer Referral Service:
A
Bar Association service that provides the name of an attorney who will consult with a
party briefly for a reasonable fee.
Parties: The
plaintiff(s) and the defendant(s).
Plaintiff: The
person filing suit.
Private
Process Server: Any person over 18, not directly involved in the case, who
will deliver the Summons and a copy of the plaintiffs Complaint, and later return to the
Court an affidavit that he or she has completed service.
Renewal of
Summons: An attempt to try again to serve the defendant with the Summons and
Complaint.
Served:
The
defendant has been "served" when he or she personally receives a Summons to
appear in court and a copy of the plaintiff's Complaint.
Service: The
official delivery of court documents; for instance, the delivery of the Summons and the
Complaint to the defendant or a subpoena to a witness to appear in court. Trial cannot be
held unless the defendant has been properly serviced.
Settlement:
Resolving the dispute, without a judge's ruling, a mutually acceptable out-of-court
agreement between the defendant and the plaintiff.
Statue of
Limitations: Law whereby all claims must be filed within a certain period of
time [usually three (3) years from the time the claim arose], but some may be filed later
and some must be filed sooner. Advice as to whether the Statute of Limitations has
"run" (requiring the suit to be dismissed) may be obtained from an attorney. A
defendant may ask the judge at trial whether the claim is barred by the statute of
limitations.
Summons: A
notice requiring a defendant to appear in court.
Third Party
Claim: A claim filed by a defendant who feels that some third party (not yet
involved in the case) is responsible and owes him or her money that should be used to
satisfy any judgment the plaintiff may win from the defendant.
Tort: Injury
caused by negligence or wrongful act of another person, which cannot be classified as a
breach of contract.
Witness: One
who is called to court to testify in order to tell what he or she knows about the case.
(See, also, "Expert Witness").
Last date of
legal review 5/20/2002; (MLAN AC/GG)
Source: Maryland Legal Assistance
Network (MLAN)
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