|
Introduction
This guide is designed
to help you understand the process of filing a small claim
in the District Court of Maryland. Small claims are handled
less formally than other cases. While you can hire an attorney
if you choose, the rules of evidence and procedure in small
claims cases are simplified to make it easier for individuals
to represent themselves.
To be tried as a
small claim in District Court, your case must meet
the following conditions:
• Your claim
is for $5,000 or less; and,
• Your
claim is for money only,
not the return of property
or performance of a service;
and,
• You
are not planning to request
any discovery such as interrogatories
(written questions that the
other side must answer under
oath in writing, before trial).
If you do not meet
all three of these conditions, you do not have a small
claim, and the information in this guide does not apply
to your case.
While the process
of filing a small claim is simple, the actions required
at each step will vary depending on the situation.
This guide will give you information about what process
you need to follow and what decisions you need to make
at each step.
If at any point your
case seems more complex than what this guide covers,
you may want to consider hiring an attorney to assist
you.
back
to top
Step
1: Try to Resolve the Issue Out of Court
There are several reasons
you should try to resolve your issue before going to court.
First, it will likely save you time, emotional stress, and
money. Second, your attempts to resolve the issue on your
own may help you gather evidence that will help prove your
case if you do need to go to court. To settle the case without
going to a trial:
Talk
With Your Opponent
The
first thing you should
always do is talk to
the person with whom
you have a dispute. Do
this in person, if possible.
To prepare for this conversation,
think about how much
money you feel you are
owed. Then consider how
much you are willing
to compromise to settle
the dispute without going
to court. If you can
reach an agreement, be
sure to put it in writing.
Both you and your opponent
should sign the written
agreement as soon as
possible.
Write
a letter
If
talking with your opponent
doesn’t work, write
a letter stating the
reasons why the person
or business owes you
money and request payment.
When you write the letter,
begin by describing the
problem. Clearly and
politely state the resolution
you want, and include
a date by which you expect
this to be done. Tell
the person that if you
are not paid, you plan
to sue in small claims
court. Keep a copy of
the letter.
Mediation
The District Court’s
Alternative Dispute Resolution Program may be helpful.
Mediation is less formal than going to court, and is
more likely to result in a win-win solution, rather than
one party winning and the other party losing. If you
and your opponent attempt mediation, but cannot reach
an agreement, you still have the right to proceed to
court. For further information about mediation, see the
brochure Mediation – Is Going to Trial Your Best
Option? – Alternative Dispute Resolution. You can
also call the District Court's Alternative Dispute Resolution
office at 410-260-1676 for further information (Maryland
Relay, 1-800-735-2258).
back
to top
Step
2: Consider Filing a Claim
If you decide you are
not able to reach a satisfactory solution by talking with
the individual, writing a demand letter, or through mediation,
then you may wish to consider filing a claim. To decide whether
to file your claim, consider the following questions:
Decision
Point: Are you likely to win?
To
win, you must file your
claim within the statute
of limitations. The statute
of limitations is an
expiration date--if you
don’t file your
case within a certain
amount of time, your
claim is no longer valid.
Most claims are valid
for no more than three
years. You should try
to resolve any debts
as quickly as possible
to avoid exceeding the
statute of limitations.
You also have to
be able to prove your case. In court, the person bringing
the case, known as the “plaintiff,” has “the
burden of proof.” Your job as the plaintiff is
to prove your case by a “preponderance of the
evidence,” meaning you must prove that you are
most likely right. The “defendant”--the
person or business you are suing--doesn’t have
to prove anything. The defendant just has to keep you
from proving your case.
So, what do you need
to prove your case?
Evidence
You must present
evidence, which is anything that helps you prove your
case, such as testimony from a witness, a contract, a
letter, an invoice, or an estimate. Whether your claim
is business or personal, you should look at your case
to make sure you have the necessary evidence to prove
your claim before you file suit.
Exhibits
Exhibits will also
help you prove your case. Exhibits are documents or other
tangible items that tell the story of your case. Some
exhibits are evidence, such as the items mentioned above--contracts,
letters, invoices or estimates. Other exhibits are items
that you have created; for example, an interest worksheet
that explains how much interest the defendant owes you.
Ideally, you should
have an exhibit that reflects each stage in your case.
For example, in a contract case your exhibits should
show:
• what
you were hired to do;
• how
much the defendant
agreed to pay;
• how
much (if anything)
the defendant did pay;
• how
much is still owed
to you plus interest;
and
• your
efforts to collect
the balance before
filing suit.
When you put together
exhibits, imagine the judge leaving the courtroom with
nothing but your exhibits in his hand. Your exhibits
should tell the whole story.
Note: When assembling
your Complaint for filing, do not send your originals
(checks, letters, contracts, etc.) as exhibits. Copies
are fine. In addition, make sure to save a full set
of all exhibits in a separate file because you will
probably want to use those same documents at trial.
You will need additional copies of each exhibit presented
during the trial, so you may want to make extra copies
at this time.
Decision
Point: Is it worth your time to file a suit?
There
are two major issues
to consider before you
answer this question.
First, what is the most
money (maximum recovery)
you are likely to be
awarded if you win? And
second, if you win, how
likely is it you will
be able to collect the
money from the defendant?
The following may help
you think through these
important questions.
What
Is Your Maximum Recovery?
Sometimes
it may cost you more in
time, effort, and money
to go through a trial than
you could recover if you
win the case. To understand
what your maximum recovery
is, answer the following
questions:
What
are you owed?
The
answer to this question
is “the amount of
the debt.” In the
case of a debtor’s
failure to render full
payment when due, the amount
owed is the balance the
debtor should have paid.
Can
you recover interest?
If
you specifically informed
the debtor in writing (e.g.,
on your invoices, estimate,
or in a signed contract)
that interest would be
charged on all overdue
balances it is likely you
can recover interest.
On the other hand,
if you did not inform the debtor that he would be charged
interest on overdue bills, chances are you will not
be able to recover interest in your lawsuit.
Can
you claim anything else, such as penalties, bounced
check fees, or court costs?
In
addition to recovering
unpaid bills and interest,
you may be entitled to:
• Statutory
Penalties--If someone pays you with a check that bounces,
you are allowed to claim the amount the check was written
for plus a bounced check fee. You may also file criminal
charges--a misdemeanor or a felony depending on the
amount of the check.
• Court Fees --You will have
to pay certain fees when
you file your case. If you
win your case, the judge
could order the defendant(s)
to reimburse you for your
filing and service fees.
• Attorney’s
Fees--Reimbursement
for attorney’s
fees almost always
depends entirely upon
the wording of any
billing arrangements
you made with your
debtor in advance.
If both parties did
not agree in writing
to pay attorney’s
fees in the event of
a dispute, it is not
likely that you will
be awarded attorney’s
fees.
You cannot recover:
• The
value of your time,
• Your
travel expenses going
back and forth to court,
or
• Compensation
for your inconvenience
and aggravation.
Decision
Point: Can you collect if you win?
If
the judge decides in
your favor, you may not
be able to collect the
money you are owed. While
some individuals and
businesses will pay,
others may have filed
bankruptcy, may not have
the money to pay you,
or may be unwilling.
If the defendant does
not willingly pay the
amount owed, you may
want to pursue your other
options. A clerk can
explain these options
to you.
back
to top
Step
3: Filing a Small Claim
There are four basic
steps in the small claims process:
a.
The plaintiff (the person seeking
the money) files a Complaint Form
with the Court.
b.
The plaintiff pays the filing
fee. Check the
District Court’s
Cost Schedule for fees.
c.
The Court issues a Writ of
Summons to officially notify
the defendant that a suit
has been filed.
d.
Proof is submitted to the
Court that the defendant
has been notified, or served.
The
court has standardized
paperwork and procedures
for dealing with each
step. The forms are
available at the clerk’s
office at any District
Court location, except in Baltimore City, civil forms are only available at the Fayette & Gay location.
Completing
the Complaint Form
The Complaint
Form is the
most important
document you
will file in
your case.
The
Complaint Form
tells the court:
• That
you are bringing the
suit;
• Who
you are filing suit
against;
• Why
you are filing suit;
and,
• How
much money you are
seeking.
The
following section explains
each question on Section
1 of the Small Claims
Complaint Form.
Courthouse
Address--Write
in the address where
you intend to file
your case. You should
file your complaint
in the county where
the debtor lives,
carries on regular
business or is employed.
Case
Number --Leave
this box blank. The
clerk will fill in
the case number when
you file your Complaint
Form and pay the
filing fee. Your
case number will
be displayed on all
court notices. Because
this number is the
court’s way
of identifying your
case, it is extremely
important that you
place the number
on everything you
send to the court.
back
to top
Parties
The “parties
to the lawsuit” are
you (or your company)
and the person, people,
or companies you are
suing. When filling out
these spaces, it is important
to use the correct full
name and address of the
parties. All court correspondence
will be sent to the addresses
you provide on the Complaint
Form, so make sure they
are accurate. If you
do not use the correct
names and addresses,
your case could be delayed
or dismissed.
Plaintiff --The
plaintiff is either
you or your company,
and the person or company
identified here will
receive the judgment
if the case is decided
in your favor. Under
the agreement you had
with the defendant,
is the money is due
to you personally or
to your company?
• If
the money is owed to
you as an individual,
be sure to use your
full, correct name
and your correct home
address.
• If
the money is owed
to your business,
and you are not sure
of the exact, formal
name of your company,
either ask your lawyer
or accountant or
check the full name
shown on your company’s
tax returns. Use
your primary business
address.
The
Defendant --The
defendant is the
person or business
that owes you the
money. You should
fill in this space
with the name and
address of the defendant(s).
Naming
the right defendant
is just as important
as naming the plaintiff
correctly. This is
the person or people
who will be served
with the complaint
and summons. Ask yourself, “Who
is responsible for
paying this bill?”
Sometimes,
the answer will be
more than one person
or company. For example,
a customer bounces
a check drawn on a
joint account. In that
case, name every person
named as an account
owner. You should name
every person or company
who would be legitimately
responsible for the
debt.
Suing
an Individual--If
you name a person
as a defendant, use
his or her full name,
complete with “Jr.,” “III,” or
any other such suffixes.
An
individual must be
at least 18 years old
to be named as a defendant.
If the debtor in your
case does not meet
this requirement, or
is older than 18 but
has a legal guardian,
the defendant may in
fact be the debtor’s
parent or guardian
or anyone else who
gives care or has custody
of the person or estate.
Suing
a Company--If
you are suing a partnership
or sole proprietorship,
simply name the owner
as the defendant.
When
you are suing a company
that is not a partnership
or sole proprietorship,
naming the defendant
can be complicated.
The defendant is not
the company’s
manager or even its
president, but the
company itself, unless
someone personally
guaranteed the debt
for the company.
For
example, Barbara Jones
may sign personally
to guarantee payment
for products bought
by Barbara’s
Cleaning Services,
Inc. In this case,
you would name both
Barbara Jones and Barbara’s
Cleaning Services,
Inc. as defendants.
Always
put the full, formal
business name on the
Complaint Form, such
as “John Debtor
Enterprises, Inc.” or “Debtor
and Son, Ltd.” Finding
the correct name may
be as easy as looking
on a piece of stationery,
a check the defendant
may have given you,
or the sign on the
front of the defendant’s
office. Be warned,
however, that any of
these places may display
the trade name (“Don’s
Clocks” for example)
as opposed to the full,
formal corporate name.
To
find the full, formal
name, check with the State
Department of Assessments
and Taxation (SDAT).
Resident
Agent--If
SDAT does have a
listing of the company,
it will also have
a listing of the
person or company
authorized to accept
service of suit papers,
called the resident
agent. State law
requires corporations
and/or limited liability
companies (LLCs)
to appoint a “resident
agent.” A Resident
Agent is the only
person (or company)
that can accept service
of your court papers
on behalf of a corporate
defendant.
The
Resident Agent should not be
listed as the defendant.
Instead, list the name
and address of the
company responsible
for the debt as the
defendant. Next to
or below the defendant’s
name, write Serve on
Resident Agent. You
would then list the
Resident Agent’s
name and address. Please
see the completed example
on the opposite page.
If
you can’t find
a listing for a resident
agent, serve your papers
on an officer of the
business, such as the
president. Use the
name and address of
the business as you
have it in your files
when completing the
paperwork.
back
to top
Service
of Your Suit
Serve
by --Next
to the space
reserved for
each defendant’s
name and address
is a small box
with the heading “Serve
by:” Your
choices are:
• Certified
Mail
• Private
Process
• Constable
• Sheriff
When
defendants are “served,” they
are notified that a
lawsuit has been filed
against them and summoned
to appear for trial
by a Writ of Summons,
which the Court issues
after you file your
Complaint. The Writ
of Summons includes
the case number and
a trial date, time
and location. One copy
of the document must
be delivered to the
defendant, along with
a copy of the Complaint
form and supporting
documents.
There
are several different
ways to deliver these
documents to the defendant,
and the fees required
vary for each. If your
claim has several defendants,
some who may be easy
to serve and some who
may be evasive, you
are free to use any
combination of these
methods.
Option
1: Certified Mail
If
you plan to notify
the defendant by
mail, you must
use certified mail
(also called “registered
mail” or “return
receipt requested”)
to send the Complaint,
Summons, and supporting
documents. You
may send it yourself,
in which case the
Court will mail
you a copy of the
Writ of Summons,
or the Court will
send it for the
cost of the mail
and a small service
fee. It is important
to use certified
mail, because this
is the only way
you will have a “receipt” that
the mail was delivered
to the defendant.
If the defendant
does not accept
and sign for the
certified mail,
service has not
been made. The
receipt must be
submitted to the
Court as proof
that the defendant
was served.
Save
copies of all documents
sent by mail, as well
as the postal receipts
from certified letters
and packages.
Option
2: Private Process
Server
A “private
process server” is
a person who hand
delivers court
documents (such
as complaints,
summonses, and
subpoenas) to people.
If you choose to
serve the defendant
by Private Process,
the Court will
mail you a copy
of the Writ of
Summons.
Any
person, 18 years or
older, who is not party
to the lawsuit may
serve the defendant.
This individual will
sign a document (called
the “Affidavit
of Service”)
stating that the Complaint,
Summons, and supporting
documents were served
on the defendant. The
Affidavit of Service
is the proof you need
to send to the court
that a private process
server has served the
defendant.
There
are many companies in the
business
of serving defendants in
civil claims. You can find
such companies by looking
in the business yellow
pages or even by calling
a local law firm and asking
for a reference. You should
always ask about the rates
before you hire. You may
also use a family member
or friend, as long as they
are not a party to the
lawsuit, to privately serve
the defendant with the
papers.
Options
3 & 4: Sheriff
or Constable
One
of the county sheriff’s
or constable’s
responsibilities
is serving defendants
in civil cases.
Check the Civil
Cost schedule for
sheriff or constable
service costs.
The
Court will deliver
the Writ of Summons,
Complaint Form and
supporting documents
to the sheriff or constable
for service on the
defendant. After serving
the papers, the sheriff
or constable returns
a second copy of the
Writ of Summons to
the Court, certifying
that the defendant
has been served.
Attorneys --If
your attorney files
the Complaint Form
on your behalf, his
or her name and address
will be listed in this
space.
If
you are proceeding
without an attorney,
simply put your own
name, address (list
your business address
if this is a business
debt), and telephone
number in the space
designated for “plaintiff’s
attorney.” After
your name, you should
place the underlined
Latin words “pro
se.” This tells
the court that you
are not an attorney.
You
have now completed
section 1 of the Complaint
Form (see sample above).
back
to top
The
Details of Your
Case
The
following questions
are found on
Section 2 of
the Complaint
form, show below.
Complaint --Remember
that Small Claims Court
is limited to claims
for less than $5,000.
Check the first box.
Check the box
that applies to your situation:
Contract cases
involve non-payment
for money owed to you
under a contract.
Tort cases involve a harm that has been done to you and that has resulted
in monetary damages, such as someone damaging your car.
Replevin cases seek the return of property, along with possible damage; allow for the possible return/possession of the property at a Show Cause hearing (a hearing held before a trial);and are filed in District Court regardless of the amount in dispute. More...
Detinue cases seek the return of property or its value along with possible damages; require a trial to determine rightful owner of property;and the amount of the claim determines jurisdiction. More..
Bad Faith Insurance Claims seek, in addition to actual damages, the expenses, litigation costs and interest from a first-party insurance claim that was not processed in good faith. (Applies to actions under CJ § 3-1701.)
The
Particulars of Your
Case--In this
section, briefly
explain to the judge
why you are entitled
to the money you
are claiming. Keep
the information short
and simple.
Check the Legal Rate box if the rate of interest is not specified. The legal rate can be found in the Code of Maryland, Courts and Judicial Proceedings § 11-106. Check the Contractual Rate box and enter the percentage of interest if your contract specifies a certain interest rate.
The
Plaintiff Claims--This
section allows you
to tell the court
how much you are
owed. Check the first
box and enter the
amount of your claim,
minus interest payments.
As an example, let’s
assume that you were
claiming the following
amounts:
• $980.70
unpaid bill
• $66.15
interest (to determine
how much interest you
are owed, see below
for information on
completing an interest
worksheet).
In
the first blank, you
should enter the amount
you are claiming. In
the interest blank,
you would enter any
interest.
You will
also need to indicate
on the Complaint Form
whether you are claiming “attorney’s
fees” as part
of your case. If you
are acting as your
own attorney, you are
not permitted to make
a claim for attorney’s
fees. If you are representing
yourself, you would
leave this space blank
or fill in $0.00.
back
to top
Interest
Worksheet
If
your contract
entitles you
to collect interest
on overdue balances,
prepare an interest
worksheet. You
may find it helpful
to use the format
shown below.
This worksheet
should be attached
to your Complaint
Form as an exhibit
and should show
the calculations
you used to determine
the amount of
interest you
are claiming.
Your worksheet
must contain
the following
information:
• The
interest rate;
• The
amount of money on
which interest is
being assessed;
• The
length of time over
which the interest
has been assessed;
and
• The
rate at which interest
continues to accrue.
Note
that you should show
the interest accruing
from the date on which
the debt became due
through the date on
which you file your
Complaint.
Because
the judge will not
be reviewing the case
until after the Complaint
is filed, your worksheet should indicate the rate at which interest is accruing. The
easiest way to express this is to state at the bottom of the worksheet
that interest will continue to accrue at the rate of $_.__ per day.
Signature --The
Court will not accept
your Complaint Form
without your signature
in this area. If you
are filing suit individually,
sign your name on the
line and cross out
everything below the
line except the words “Signature
of Plaintiff.” If
your company is the
plaintiff, sign your
name and indicate your
position or title.
You
have now completed
section 2 of the Complaint
Form (see sample).
back
to top
Section
3--Application
and Affidavit in
Support of Judgment
You
are not required
to complete this
section, but
if you have documents that support
your case, you
should complete
this application.
It does not take
any extra time
or money, and
it could save
you an enormous
amount of time
and effort.
To be entitled to an affidavit judgment, Federal law requires a Plaintiff to provide information as to whether any Defendant is in the military or provide specific facts for the Court to conclude that each Defendant is not in the military. This information may be available from various sources including the Department of Defense Manpower Data Center (https://www.dmdc.osd.mil/appj/scra/scraHome.do). For more information regarding this Federal requirement, visit the Maryland Judiciary website:
http://www.courts.state.md.us/scra/index.html
fter the defendant is served,
he or she has 15 days
(60 days if the defendant
is out-of-state or
has a resident agent)
to file a “Notice
of Intention to Defend.” If the defendant intends to contest your claim, he or she will give a brief explanation of their defense and return the Notice of Intention to Defend portion of the summons to the court. You will be notified by the court if an Intention
to Defend is filed.
If
the defendant does
not file a Notice of
Intention to Defend
and you have completed
this section of the
Complaint Form, the
judge will review your
Complaint Form and
supporting documents.
If the judge believes
that your documents
prove your case, the
judge can rule in your
favor, without a trial.
This type of judgment
is called an Affidavit
Judgment.
Completing
this section of the
form does not guarantee
that the judge will
grant you an affidavit
judgment. The judge
might require you to
appear in court at
a later date to present
further evidence.
However,
you are not eligible
for affidavit judgment
if you do not complete
this section.
Indicate
on the form which type
of documents you have
to support your case.
You must sign and date
the bottom of this
section.
You have now completed Section 3 of your Complaint Form (see sample
above). It’s time to submit your Complaint Form, with supporting
documents attached, to the Clerk’s
Office in the District Court for the county in which you
are filing suit.
You
will have to make several
copies of the Complaint
and exhibits--one copy
for the court and one
set for each defendant.
You will also keep
a copy for yourself,
of course.
back
to top
The
Filing Fees
Once
you complete
the Complaint
Form and attach
your exhibits
file them with
the court and
pay the required
fees. In
addition to the
cost of filing
the case, there
is also a fee
if you want the
court to have
the defendant
served (either
by mail or by
constable/sheriff).
Check the current
District Court
Cost schedule
when you pick
up your court
forms.
back
to top
Notifying
the Defendant
After
you file your
complaint, the
Court issues
the Writ of Summons
for service on
the defendant.
The bottom half
of the Writ includes
the Notice of
Intention to
Defend.
Defendants
have 15 days from the
date that they receive
the summons to file
this notice with the
court (out-of-state
defendants and those
with resident agents
have 60 days to file
the notice). By filing
the notice, the defendant
is letting the court
know that he or she
plans to argue that
you are not entitled
to the damages you
are claiming.
Renewing
a Summons
The
number of days
that a Summons
is valid will be
printed on the
form. If the Summons
is not successfully
served on the defendant
within that time
period and you
wish to try to
serve the defendant
again, the Summons
must be renewed.
To
renew a summons, complete
a “Request for
Summons” Form,
checking the space
marked “renewal.” Check
the Civil Cost schedule
and send the renewal
fee to the court with
the completed renewal
request.
back
to top
Submitting
proof that the
defendant has been
notified
Once
the defendant
has been served,
the Court must
receive Proof
of Service. If
the Court does
not receive Proof
of Service within
the time allotted
for the defendant
to file an Intention
to Defend, you
may not be able
to present your
case on the trial
date.
As
noted above, there
are various ways to
notify the Court that
the defendants have
been served. Once this
proof is received on
each of the defendants
named, the Court will
schedule a hearing.
Here is a summary of
the type of proof needed
for each method of
serving a defendant:
Certified
Mail
If
the Court serves
the Complaint and
Summons by certified
mail, you will
be notified only
if it was not delivered.
You may then decide
whether to attempt
another method
of serving the
defendant.
If
you sent the Complaint
and Summons by certified
mail yourself, you
must return the receipt
of delivery to the
Court. Mail the completed
form back to the court
along with a cover
letter confirming that
you are enclosing proof
of service for filing
in this case.
Private
Process Server
The
private process
server must sign
a document, called
the “Affidavit
of Service,” stating
that the papers
were served on
the defendant and
send it to the
court. Make sure
that your private
process service
understands their
obligation to notify
the court that
your summons has
been served on
each defendant.
Sheriff
or Constable
If
you decided to
have the defendant
served by a sheriff
or constable you
will receive notification
that the defendant
has been served.
If the sheriff
or constable was
unable to serve
the defendant after
several attempts,
you can get the
Summons back from
the court to try
to serve it some
other way. You
may need to renew
the Summons at
this point if it
has expired.
back
to top
Step
4: Handling the Defendant’s
Response
Now
that the defendants have
been served with your Complaint
and Summons, they will react
in one of the following ways:
• Attempt
to negotiate a settlement;
and/or,
• File
an Intention to Defend and
argue their side of the case
in court.
• Ignore
the Complaint entirely, thus
allowing you to win by default;
• Claim
they were not properly notified;
• File
(or threaten to file) a countersuit
against you or your company;
Here
is what you may want
to consider in deciding
your next move:
What
if the Defendant
Attempts to Negotiate
a Settlement?
Even
if you were unsuccessful
in your initial
attempts to negotiate
a settlement,
you should listen
to what your
opponent may
offer at this
point.
Now
that the defendant
realizes you have a
good case and are serious
about going to trial,
you may be in a better
position to reach a
reasonable resolution
without going to trial.
Review the information
in the Introduction
under Step 1--Try to
Resolve the Issue Out
of Court. Your opponent
may also be willing
to consider mediation
at this point.
What
if the Defendant
Files a Notice
of Intention to
Defend?
If
the defendant
files a Notice
of Intention
to Defend, the
court will notify
you. The Notice
of Intention
to Defend includes
space for the
defendant to
explain why they
should not be
required to pay
you the money
you claim you
are owed. If
the defendant
chooses to list
a reason, the
notice you receive
from the court
will include
that reason.
Take note of
the defendant’s
claim. You need
to be prepared
to explain to
the judge why
the defendant’s
argument is not
valid. Make sure
you bring your
exhibits and
evidence.
What
if the Defendant
Ignores the Complaint
and Summons?
If
you requested
Affidavit Judgment,
and the defendant
fails to respond
to your Complaint,
you might receive
your judgment
without having
to appear for
trial. The court
will simply send
you a notice
confirming the
date on which
the judgment
was entered,
the amount of
the judgment,
and any additional
amounts found
to be due from
the defendant
such as court
costs or interest.
However,
the judge may find
that you have not presented
enough proof of your
version of the case.
If the judge declines
to sign the order entering
the judgment, you will
be notified of a new
trial date on which
to appear and present
your evidence.
What
if the Defendant
Claims the Notification
Was Not Received?
Defendants
may claim they
were not properly
served with your
Complaint and
Summons in one
of two ways:
(1) by filing
a pre-trial request
that the case
be dismissed
for improper
service; or (2)
by making the
argument at the
trial. In either
case, the trial
is postponed,
and you may have
to have the defendant
re-served with
a new summons.
What
if the Defendant
Files a Counterclaim?
Sometimes
defendants respond
to a lawsuit
by filing one
of their own.
If filed in the
same action,
what would otherwise
be called the
defendant’s
complaint is
called a “counterclaim.”
A
counterclaim is basically
the defendant’s
way of saying “I
don’t owe you
money. You owe me money.” You
must always be prepared
to answer the defendant’s
counterclaim. Consider
any additional evidence
you may need in order
to disprove the counterclaim,
and prove to the judge
that your claim is
right.
back
to top
Do
You Need a Lawyer?
Although
you are not required to use
a lawyer for a small claim,
you may still want to get
one. An analogy would be
that even if you read a book
on how to build an addition
on your house, you may still
want to hire a builder. With
a project so big, the consequences
of failure are too great.
Most people would call in
an expert for such big a
job, but might try a smaller
building project themselves.
So
it is with the law.
In making the decision
about whether you need
a lawyer, you will
need to consider 1)
how skilled you feel
at explaining your
side of the story to
the judge, 2) how well
you understand the
laws that apply to
your situation; 3)
how much time you have
to do the paperwork
and research required,
and 4) the cost to
you if you do not win.
If
the defendant files
a counterclaim seeking
a few hundred or even
a few thousand dollars,
you may still be well-advised
to represent yourself
without an attorney,
especially if hiring
an attorney would cost
more than the claim
is worth. As the numbers
increase, however,
so does your risk.
If the worst happens,
and the judge finds
against you on your
Complaint and awards
the defendant every
penny of his claim,
could you afford the
loss easily? If so,
you could chalk it
up to a learning experience
and move on. If not,
and a loss could devastate or even destroy your personal assets or
your business, seek
the assistance of an
attorney.
back
to top
Next
Steps
Once
you have filed your small
claim, and you are waiting
for your trial date, it is
time to begin preparing for
your day in court. This will
involve preparing an opening
and closing statement, selecting
and preparing witnesses,
and organizing your exhibits
and presentation.
Please
feel free to contact
a District
Court clerk if
you have any questions
about the next steps
or any information
in this booklet. We
hope you will find
this information helpful.
Information is intended to inform the public and not serve as legal advice. Any reproduction of this material must be authorized by the Office of the Chief Clerk of the District Court of Maryland.
back
to top |
