Defending Yourself in Small Claims Court
MORE on Option #2 - Raise
Technical (Procedural) Issues
These may be ways to delay the hearing,
however, it is rarely a “winning” strategy.
 Improper
Notice - Read the section on
service in
Small Claims
Court. The person who started the lawsuit (the
plaintiff) must make every effort to notify you about the
lawsuit by making sure that you receive a
copy of the Complaint and Summons and other papers filed with
the court.
Were you served properly? For example – If
the notice was left with someone else in your apartment
building, which would not be proper.
If you were not served properly, you should
contact the court
and tell the clerk about the problem.
You can ask that the case be dismissed. If the clerk does
not allow this, you can show up in person and make the
request. It is likely that the plaintiff will have you
served again. You can ask to have the hearing postponed to
allow you time to prepare.
Wrong Court –
Usually, the clerks will screen
out cases that should have been filed in Circuit Court
rather than District Court, but something may have happened that leads
you to believe that Circuit Court is the correct place for
the case to be heard. In that case, you can request that the case be
transferred to Circuit Court. In addition, there are some
cases that can be heard in either the Circuit Court or the
District Court
(called “concurrent jurisdiction”). See the section on “Is
This Case Right For District Court?” for more
information on whether this might apply to you.
No Jurisdiction -
If you do not live in Maryland or have
a business here, it may not be appropriate to have a small
claims case filed in Maryland. There are exceptions such as:
- if you were served in Maryland and the dispute occurred here
OR
- you had a car accident here OR
- the case involves real
estate that you own here.
See the section on “Is This Case
Right For District Court?” for more information on
whether this might apply to you.
You Want to Make a Demand for Proof - Maryland Court
Rules (MD Rule 3-308) say that you have the right to
demand proof that the other side has done certain things
correctly. For example, if the plaintiff sued you in your
name and
should have sued your business, you can make a “demand for proof”. You
must raise this type of issue before the trial is held.
This is
a type of technical (procedural) challenge that you should
not raise without talking to an attorney.
Finding legal help This tactic is most likely helpful
only to delay the trial, not to make the case disappear. You
need to make clear to the court why this option would benefit you.
Don’t raise it only to annoy the other side.
Wrong
Venue
- If the plaintiff filed in
Dorchester County but you live and have a business in Talbot
County where the dispute arose, the lawsuit may have been
filed at the wrong court location. If a suit is brought in
the wrong county, it can be transferred or dismissed. Cases
will be transferred for the convenience of the parties or
“in the interests of justice”. However, if you both appear
for the hearing, the case can be heard, even if the county
is not the correct one.
MD Rule 3-326 allows for
Dismissal or Transfer of Action
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