Your Options When You Have Been Sued in Small Claims Court
 

You have just been served with (given a copy of) a Summons and a Complaint to appear in court (given a copy of the complaint). You are now the defendant  in a lawsuit. What are your options?

TIP: If you have been sued in District Court, but not in Small Claims Court, this section will still apply to you. However, since other District Court cases must follow more formal rules, you may want to consult a lawyer or do additional research.  Read about the difference between "small and large claims" in district court.
First –read the papers carefully. Make sure you understand what the other side is saying.

• What does the other side say in the Complaint? Is everything that person says accurate? If it is not accurate, write down what you think is correct. What is your side of the story, point by point? What proof do you have for your side of the story, point by point?

• Are there are differences between the plaintiff’s (the person who filed the suit) story of what happened and yours? Are the differences important?
• Figure out how to answer each statement that the plaintiff makes. Possible defenses.
• Would it be fair if you paid something but not as much as the other side wants?
• What are the deadlines? By when must you respond? Put it on the calendar. You must file a Notice of Intent to Defend, which appears on the bottom of the Summons, within 15 days of being served the Complaint and Summons.   In some cases, you have 60 days to respond (if you are out of state or own a business with a resident agent). For more details, see the MD Rule 3-307 .
• Did the plaintiff (the person who filed against you) ask for a “judgment by affidavit”? Look on the Complaint to see if that section was filled out. This means that they are asking the judge to decide in their favor without a trial. See the Complaint form.

Second – Review Your Options

#1  Do Nothing- You can ignore the lawsuit and you will likely lose by “default”. Read more on doing nothing.

#2  Point Out Technical/Procedural Problems- You can find some technical challenges and delay the process while they are fixed.  Read more on technical problems.

#3  Negotiate- Try to negotiate a settlement. Read more on negotiations.

#4  Defend Yourself- File an Intention to Defend and prove your case in court. Read more on defending yourself in court.

#5  Make a Claim against the Person Who Sued You- If the other side actually owes you some money, you can file a counterclaim. Read more on filing a counterclaim.

#6  Sue the Responsible Person- Is there anyone else who may have caused all or part of the harm? If so, involve that third party in the lawsuit. Read more on suing a third party.

#7  Make a Claim Against Another Defendant- If a co-defendant is really the one responsible, file a cross-claim. Read more on filing a cross claim.

#8  Propose Paying in Installments- If you agree that you do owe the plaintiff money, consider trying to pay in installments. Read more on this option.
 

Third – Decide on Your Strategy

Keep track of your deadlines and make sure you respond on time. Review your options in detail. There are good reasons to consider this option- even if you are not a "mediation person", even if your feelings can be summed up as "Let's just sue them. Why Talk?"  Read more on alternatives to court.

If you are not sure, seek some legal advice on what to do. Even if you handle the case yourself, it can be very useful to ask an attorney for some advice at key points where you need to make a decision. Working with an attorney as an advisor rather than as your full representative is sometime called “unbundled” legal services.

Read more about Finding Legal Help