How does small claims court work in Maryland?
1. Jurisdictional Limit
Md. Rule 3-701 caps small claims at $5,000, exclusive of attorney's fees, interest, and costs. The District Court itself has civil jurisdiction up to $30,000 under Md. Cts. & Jud. Proc. Code § 4-401.
2. Court Name
Small Claims Action in the District Court of Maryland.
3. Filing Fee
Filing fees are $11 (up to $1,000), $26 ($1,001-$2,500), $46 (over $2,500), plus service fees of $40 per defendant via sheriff or $15 via certified mail. Indigent filers may submit a Request for Waiver of Prepaid Costs under Md. Rule 1-325.
4. Filing the Claim
File a Complaint (Form DC/CV-1) in the county where the defendant resides, is regularly employed, has a place of business, or where the cause of action arose (Md. Cts. & Jud. Proc. Code § 6-201). Service is by certified mail, sheriff, or private process server.
5. Defendant's Response
Defendants must file a Notice of Intention to Defend within 15 days of service (60 days if served outside Maryland; 30 days for out-of-state defendants) under Md. Rule 3-307. Failure results in default judgment. The court then sets a trial date.
6. Attorney Representation
Attorneys are permitted on both sides (Md. Rule 3-704). Corporations must be represented by an attorney except in small claims and District Court actions, where a corporate officer may appear under Md. Cts. & Jud. Proc. Code § 1-203(c).
7. Hearing
Hearings before the District Court judge are informal; Maryland Rule 5-101(c)(6) provides that the Rules of Evidence do not apply in small claims actions. The judge may freely consider relevant evidence.
8. Judgment & Collection
Either party may appeal to the Circuit Court within 30 days (Md. Cts. & Jud. Proc. Code § 12-401) — appeals from small claims are de novo. Collection tools include wage garnishment under Md. Rule 3-646 (subject to 25% federal cap and Maryland's stricter limit for low earners), bank attachment under Rule 3-645, and judgment liens recorded with the Circuit Court under Md. Cts. & Jud. Proc. Code § 11-402.
9. Statute of Limitations
Standard SOLs apply: 3 years for general civil actions including contracts and torts (Md. Cts. & Jud. Proc. Code § 5-101), 12 years for contracts under seal (§ 5-102), and 3 years for fraud (§ 5-101).
This is legal information, not legal advice.
- Your claim exceeds $5,000 — file as a regular District Court action with full Rules of Evidence applying
- The defendant has appealed to Circuit Court for a trial de novo with formal discovery and rules
- You need to enforce a judgment via wage garnishment and must comply with Maryland's strict procedure
- Md. Cts. & Jud. Proc. Code § 4-405
- Md. Rule 3-701
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.