BEFORE YOU SUE IN SMALL CLAIMS COURT

If all else fails, you need to know:
If you should see an attorney.
When to file suit.
How to file suit.
Where to file suit.

Before you sue, try to settle.

Many cases come to trial needlessly because the parties have not attempted to communicate with each other. Before filing suit, you should make every effort to resolve the dispute by settling it out of court. Consider Mediation.

There are drawbacks to going to trial. It may be time consuming, and even if you win your case, you may have trouble collecting the money. Also, if you win, the defendant may appeal the decision, and you may have to go through a new trial in Circuit Court. Therefore, you may decide to settle for a lesser amount rather than go to trial. If you cannot settle the claim before filing suit, you may still settle after filing suit. In deciding the amount you will accept as a settlement, remember to consider any amount already spent on court costs.

Before filing suit, it is advisable to send a letter to the intended defendant warning that you will sue unless your claim is satisfied within a stated period of time. The letter should be sent by certified mail, with return receipt requested.

Should you see an attorney?

There are times when it may be necessary or advisable to consult an attorney, for example:

• lf your case involves personal injury and medical expense. You should see an attorney in almost all such cases, for they may not be appropriate for Small Claims Court.

• If your case involves damages resulting from a traffic accident. If the defendant is insured, he probably will be represented by an attorney provided by the insurance company, and you may also wish to have an attorney.

• If you have difficulty filling out the forms or have unanswered questions about preparing your case. An attorney may be available under the terms of one of several programs now in effect.

  Finding Legal help

When to file suit

File your case as soon as it is reasonably possible. If you wait too long, the defendant may be able to defeat your claim by raising the STATUTE OF LIMITATIONS, the law which requires that suits be brought within a certain period of time. In Maryland, most cases must be filed within three years of the time when it was first possible to sue, but some must be filed sooner and some may be filed later.

How to file suit

In order to commence an action. you must file a Complaint which will be supplied to you by the clerk of the court and you must pay certain court costs. There are also fees for delivery of the papers to each defendant. Review the page on "Filling out the Complaint Form". If you have further questions as to how to complete the form, you may seek the assistance and advice of the clerk.

Where to file suit

You should file your complaint in a contract action at the District Courthouse in the county where the defendant resides, carries on a regular business or is employed. If there are multiple defendants, you may file in the county where any of them could be sued. A corporation which has no principal place of business in the State may be sued where you reside. In a tort action you may file the suit where the cause of action arose. The defendant may claim improper venue. This is done by a motion filed with the Court and delivered to you. The Court may transfer the case to any county in which it should have been brought.

Last date of  legal review 5/1/08 (PLL/M.A.J.)

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