Last page edit 07/18/07

Diagnosing Your Legal Case in District Court

Quiz #1 - Is my case right for District Court?


Then find out, do I need an attorney to help me in District Court? (Quiz #2) Also think about whether your skills and traits, will make you successful in representing yourself. (Quiz #3)

Quiz #1 will help you to answer some key legal and practical questions about whether your case is right for District Court. Tips and resources to help you make good decisions are included.

  • Find out if you have “standing to sue”.
  • Does the District Court have “jurisdiction?”

    District Courts only handle certain types of cases. This is also called "subject matter jurisdiction." This legal term refers to the fact that Maryland, like most states, assigns cases to different courts based on the type of legal issue or the amount of money involved. The questions below will help you to decide if your case is right for the District Court. Still not sure? Ask your local court clerk or ask an attorney

  • Are you filing in the right court location (venue)?
  • Is your case timely? (statute of limitations)

1. 

Are you 18 years old or older? Green light YES, red light NO.
2. 

Are you suing on your own behalf? Green light, YES. Yellow light, NO.

3. 

Have you tried to resolve this problem with the other side? Yellow light, YES. Red light, NO.

4. 

Who are you suing? Green for an Individual, Yellow if it's a business and Red if it's the government.

5. 

How long ago did the dispute occur? More than three years ago? Green light, NO. Red light, Yes.

6. 

Based on your calculations, is it worth your time to file a lawsuit? In order to decide if a lawsuit makes sense, calculate the maximum amount that you can recover. You can do this by looking at what you are owed and then what it might cost you to recover it.

Need help? Read “My Claim for Damages in District Court: How do I calculate the correct amount?”

Green light, YES. Red Light, NO.

7. 

Do you want a jury trial (rather than a decision by a judge)? Why would I seek a jury trial vs. a judge trial? Here are some general ideas about what to consider (from a legal publisher called Nolo Press in California).

Green light, NO. Red light, YES.

8. 

Do you need information from the other side to prove your case? Yellow light, YES. Green Light, NO.

9. 

Does the Defendant live in Maryland or operate a business with an office in Maryland? Green light, YES. Yellow light, NO.

10. 

Are you trying to collect for a bounced check? Green light, YES. Yellow light, NO.

11. 

Are you trying to recover damages for a personal injury and have medical expenses? Red light, YES. Green light, NO.

12. 

Are you trying to get back your property? The legal words for this type of case are “replevin” and “detinue”. Read more about this type of legal case in a fact sheet on replevin and detinue from the Maryland District Court.

13. 

Are you seeking to sue for money? Green light, YES. Yellow light, NO.

14. 

How much money are you seeking? (How do I calculate the correct amount of money?)

Is your claim for $5,000 or less? Select the GREEN LIGHT.

If your claim is for LESS than $30,000 but MORE than $5,000, select the YELLOW LIGHT.

If your claim is for MORE than $30,000 choose the RED LIGHT.

RESULTS

Before you go ahead…
If you received one RED, You should go to get attorney advice on the issue where you got a “red light”. At least speak with an attorney for advice or call a legal hotline if you decide not to seek representation.
If you received 2 OR MORE RED, based on your answers, you should consult an attorney about your case. It is likely that you may wish to have an attorney represent you
If you got a yellow light on 4 or fewer questions, it will be worth getting some advice.  An attorney can give you a good idea (although no promises) about how a court might consider your case. Your attorney will ask you questions about the many factors that the court will consider (including the factors noted above. S/he can then advise you about the costs and likely outcomes if you pursue a claim for marital property.  Then you can decide what makes sense for you.
If you received ALL green, your case is right for the District Court in Maryland. But before you go ahead…Figure out if you need an attorney to help you in District Court? (Quiz #2)  Also find out if you skills and traits, will make you successful in representing yourself. (Quiz #3)