Maryland Small Claims

The small claims system is Maryland's simplified way of resolving minor civil issues with less expense and hassle. Understanding Maryland's small claims system thoroughly can help consumers, renters, landlords, contractors, and small businesses recover money and resolve conflicts quickly—often without the need for a lawyer. Small claims in Maryland are handled by theDistrict Court, using a straightforward and informal process.

What Is a Small Claims Court in Maryland?

A Maryland small claim is any civil lawsuit involving $5,000 or less in contested money. This amount does not include such costs as interest, expenses, and legal fees. People typically file small claims for unpaid debts, disagreements over residential security deposits, simple contract disputes, and small property damage.

Those who are representing themselves in such cases are allowed to provide the judge directly with brief testimony, documents, photographs, messages, emails, and witnesses. This is because the proceedings are intentionally informal and do not follow the formal rules of evidence or discovery.

Small Claims Court Limits in Maryland

The monetary cap for small claims in Maryland is$5,000. You are usually not required to get a lawyer to do discovery or any other complicated legal activities. According to Maryland Rule 3-701, small-claims trials are informal, and this means that evidence is also very relaxed.

There is no jury in small claims, and cases are tried by a District Court judge. If you appeal a small-claims judgment, the case is heardde novo (in a brand-new trial) in the Circuit Court. The deadline for appeal is generally 30 days from the entry of judgment.

How to File a Small Claims Case in Maryland

There are several steps that you should take when filing a small claims case in Maryland, regardless of where in the state you file. These steps include:

1) Prepare your complaint: You can use the DC-CV-001 (Complaint/Application and Affidavit in Support of Judgment) when preparing your complaint. You can use Maryland’s Guide & File to properly complete the form online.

2) File and pay the fee: You can file your complaint in the appropriate District Court and pay the small-claims filing fee shown on the District Court Civil Cost Schedule (DCA-109). The amount is currently $44 for a new small-claims suit. You may also need to pay for service costs and statutory surcharges shown on the schedule.

3) Service of process: After the court issues a Writ of Summons, you must serve the defendant and then file Proof of Service (DC-CV-002). You can get your complaint served to the defendant by using a sheriff, a constable, or any other authorized private process. You can also use certified mail in appropriate cases. Furthermore, you can follow the Judiciary’s small-claims guide and the DC-CV-002 instructions during the service process.

4) Venue & naming the defendant: To effectively start the small claims process, you should file where the defendant lives, works, or does business. You can also file where the transaction occurred. If you are suing a business, you may list the business as the defendant and serve the resident agent at their registered address.

5) Lawyers: You may hire a lawyer, but many individuals just go ahead to represent themselves (pro se), since the procedure is simplified (there is no discovery and relaxed evidence rules). You may find free guidance in court help centers.

Small Claims Court in Major Maryland Locations (examples)

• Baltimore City (Eastside District Court): This court is located at 1400 E. North Ave., Baltimore, MD 21213. The District Court location page shows you its open hours, phones, parking, and transit details.
• Montgomery County (Rockville District Court): You may find this court at 191 E. Jefferson St., Rockville, MD 20850. You can also carry out civil inquiries in person during business hours.
• Prince George’s County (Hyattsville District Court): You can find this court at 4990 Rhode Island Ave., Hyattsville, MD 20781. The district directory page provides directions and contacts that you may require.

What to Expect at a Small Claims Hearing in Maryland

The process starts with the court scheduling a hearing after you have completed your filing and the defendant has been properly served. The District Court judge swears in both the plaintiff and the defendant, they hear brief narratives from both sides, and they review and interview any exhibits and witnesses. The whole process is informal. This is done deliberately so that the judge can swiftly arrive at a just decision. Many judges make their decisions on the spot or shortly after.

If you lose, you will have 30 days to appeal. In Circuit Court, appeals for claims under $5,000 are de novo, meaning you must provide all of your supporting documents as though it is a new case. If it is over $5,000, which means it is now a typical District Court civil case, the court will use the appeals on file and will typically call for a transcript deposit.

You, not the court, are responsible for post-judgment collection. As such, you must use the District Court judgment to seek garnishment or execution if the debtor defaults.

How to Search for Small Claims Records in Maryland

Maryland provides several ways for the public to access case registers:

1. Maryland Judiciary Case Search (official): You can search District Court and Circuit Court sites to find case numbers, parties, events, hearings, and dispositions from anywhere in the state. This is the Judiciary’s public access site and should be the first port of call when looking for records.
2. Case Search help video: You can use the tutorial materials on the judiciary website. These materials explain how you can locate cases and understand docket entries.
3. Certified copies/offline access: If you need to access certified or unavailable images, you can send a request for copies to the clerk at the courthouse where the case was filed.

Use the clerk's office or official Case Search instead of unaffiliated websites when searching for verifiable and accurate records. Also note that some photos and information are restricted from the public by law.