IF YOU ARE SUED
Cross-Claims, Counterclaims, Third-Party Claims

If you are a defendant who is sued in Small Claims Court, you will find it helpful to read the other sections of this page in order to be aware of actions the plaintiff may take and to learn to prepare the case.

As a defendant, you will receive a Complaint describing the reason for the suit and a summons notifying you to appear in court for the trial.  Even if you believe you do not owe the money the plaintiff is claiming, you must appear in court to explain your side of the story, and you must file a Notice of Intention to Defend.

Within 15 days after receiving the summons, notify the Court in writing that you intend to appear and contest the case.  You may do this by filling out the Notice on the Complaint form and mailing it to the Court.  If you appear for trial without having sent the written notice of your intention to defend, the case may be postponed.

If you cannot appear at the time designated, you may request a continuance (postponement of the hearing to a future date).  If you do not appear, or the continuance has been denied, the judge may rule against you for the amount claimed (default judgment), and you will then owe the plaintiff the entire amount requested.

If you believe the claim against you is justified and you owe the money, you may try to settle with the plaintiff for a lesser sum and/or an installment payment arrangement in order to avoid having to go to trial.

Cross-Claims, Counterclaims, Third-Party Claims

If you have a claim against the plaintiff and you want to sue the plaintiff, you may file a counterclaim within 10 days after receiving the summons.  For example, if the plaintiff is suing for damages to his or her automobile which resulted ,from an accident with your automobile, you may counterclaim for damages to your vehicle if you believe the plaintiff was at fault.

If you are one of several defendants, you may sue another defendant in a cross-claim if you believe the other defendant is liable to you for the money the plaintiff claims you owe.  For example, if you and the other defendant jointly owe money to the plaintiff and the other defendant had promised to pay the entire debt, you may want to file a cross-claim against the defendant

If you believe someone who is not named as a defendant in the suit against you owes you money that should be used to satisfy any judgment the plaintiff may win from you, you may file a third party claim at least 10 days before trial.  An example of this is if your car struck the plaintiff’s car, but a third person caused you to strike the plaintiff's car.

If you counterclaim, cross-claim, or third party claim is for more than $5,000, the entire case will be moved from Small Claims Court and more formal rules of evidence and procedure will apply and the need for an attorney is greater.

Source: Maryland Legal Assistance Network (MLAN), updated by the Maryland State Law Library (MSLL).

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

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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