Frequently Asked Questions About Small Claims Court in Maryland

Should I settle my case, before suing?
What are the monetary limits of a claim in Maryland Small Claims Court?
Should I see an attorney?
When should I file suit?
How to File a Suit?
Where do I file a suit in Small Claims Court in Maryland?

Should I settle my case before suing?

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

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, send a letter to the other person 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. Also consider trying mediation.

Back to Top

What are the monetary limits of a claim in Maryland Small Claims Court?

$5000, as of October 1, 2003. You may find that the previous forms (that mention a $2500 limit) are still in use. You can simply cross out the "$2,500" and write in "$5,000".

Back to Top

Should I see an attorney?

There are times when it may be necessary or a good idea to consult an attorney. For example, you may want to ask for attorney help in the following situations.

• 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.

Back to Top

When should I 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, This is 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.

Back to Top

How to File a Suit?

In order to start court 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.

Back to Top

Where do I file a suit in Small Claims Court in Maryland?

• 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.

Back to Top

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