The District Court of Maryland
The District Court of Maryland has exclusive jurisdiction in civil matters of claims involving $2,500 or less. Claims involving amounts above $2,500 and below $25,000 may be filed in the Circuit Court as well as in the District Court. The District Court does not have jurisdiction of claims involving amounts in excess of $25,000 except in landlord-Tenant matters or in replevin. The procedures for handling all claims filed in the District Court are the same. However, special rules provide for a simpler procedure for the trial of small claims.
What is Maryland Small Claims Court?
Small Claims Court is a division of the District Court of Maryland. It handles disputes involving no more than $2,500, and does so with less formality than other Maryland courts. The Court's rules of procedure and evidence are relaxed to make it easier for persons to represent themselves without hiring attorneys, although parties may have attorneys represent them if they choose. An officer of a corporation may appear on behalf of the corporation in a civil suit involving a claim not exceeding $2,500. The cases are decided by the judge. There is no jury. A lawsuit may be filed in Small Claims Court in the District Court if:
- The suit is for money only (not for the return of property or performance of a service, for example).
- The suit is for no more than $2,500 plus interest and costs.
- The person filing suit (plaintiff) is at least 18 years old. If the plaintiff is not 18 years old, another person who is at least 18 years old must sue on the plaintiff's behalf.
Right to a Jury Trial
There is a right to a trial by jury where the amount in controversy exceeds the sum of $10,000. The plaintiff may request a jury trial at the time of filing the complaint.
The defendant may elect a trial by jury by filing a written demand within 10 days after the time for filing a Notice of Intention to Defend.
Affidavite of Judgement
If you have documents which you believe prove the defendant owes you a definite sum of money, complete the box on the form requesting an AFFIDAVIT OF JUDGMENT, and attach copies of the documents. If the judge believes the documents are adequate, he or she will rule in your favor without further proof if the defendant does not appear in Court and has not notified the Court of an intention to defend the case.
It is usually difficult for a non-lawyer to know if documentation is adequate. Therefore, although the plaintiff does not have to be in court for the judge to award an affidavit judgment, it is best that you be present in case the judge wants further evidence.
In order for the judge to award an affidavit judgment to the plaintiff, the following three conditions must exist:
- The judge is satisfied that the attached documents are adequate to prove a definite sum is owed.
- The defendant did not notify the Court he or she would be present to defend the case.
- The defendant does not appear in Court. If the defendant does appear and establishes to the satisfaction of the judge that he has a defense, the case will be rescheduled.
