Maryland Small Claims Forms

Maryland Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Maryland Small Claims Forms

  • Is it worth going to small claims court for $500?

    Yes, pursuing a small claims case for $500 can be worth it, especially when you have a strong case supported by clear evidence. The process is designed to be accessible and efficient, allowing you to recover your funds without extensive legal costs. By utilizing Maryland Small Claims Forms, you can simplify your journey and increase your likelihood of success.

  • What percentage of people win in small claims court?

    The success rate in small claims court varies, but studies suggest that many individuals do win their cases. Winning often depends on the strength of your documentations, including those Maryland Small Claims Forms. Being well-prepared and presenting your case clearly can significantly improve your chances.

  • What is the lowest amount for small claims court?

    In Maryland, the small claims court typically handles cases involving amounts up to $5,000. This makes it a viable option for disputes of lower value, where traditional legal avenues might seem excessive. With Maryland Small Claims Forms, you can efficiently pursue these smaller claims.

  • How do I present myself in small claims court?

    Presenting yourself effectively in small claims court involves being organized and clear in your arguments. Prepare your documentation, including the Maryland Small Claims Forms, and practice your points. Remember, the judge is looking for a clear understanding of the facts, so stay calm and focused during your presentation.

  • How to fill out a statement of claims?

    To fill out a statement of claims using Maryland Small Claims Forms, first gather all relevant information related to your case. Start by clearly stating your name and contact information, along with the details of the other party involved. Then, specify the amount you are claiming, and provide a brief description of why you are seeking that amount. Finally, make sure to review your completed form for accuracy before submitting it to ensure your claim is properly represented.

  • What can you not sue for in small claims court?

    In small claims court, you cannot sue for matters such as defamation, malicious prosecution, or most personal injury claims exceeding the set limits. Additionally, courts will not hear cases involving significant debt disputes or complex legal issues. To ensure your claim is appropriate, use Maryland Small Claims Forms when filing.

  • How much can you sue for in small claims court in Maryland?

    In Maryland, you can typically sue for amounts up to $5,000 in small claims court. This limit allows you to seek compensation for losses without navigating the complexities of higher courts. Be sure to prepare your claim using Maryland Small Claims Forms to maximize your chances of a favorable outcome.

  • Is it worth suing someone for $500?

    Deciding whether to sue someone for $500 depends on your circumstances, such as your potential recovery costs and the likelihood of winning. If pursuing the claim takes more time and resources than it's worth, it might not be advisable. Always weigh your options and consult Maryland Small Claims Forms to determine if your case is feasible.

  • How to file small claims in Maryland?

    To file small claims in Maryland, you will need to complete the appropriate Maryland Small Claims Forms and submit them to your local district court. Be sure to detail your claim clearly and provide supporting evidence. Additionally, consider working with reputable platforms like uslegalforms to streamline your filing process.

  • What is the small claims limit in North Carolina?

    In North Carolina, the small claims limit is typically $10,000 for individuals seeking a resolution through the small claims court. This amount may vary depending on specific cases, such as consumer disputes. For accurate information, turn to reliable sources and ensure your situation aligns with Maryland Small Claims Forms requirements.