Small Claims Court in Anne Arundel County

In Anne Arundel County, MD small claims cases are typically filed in the Circuit Court. Anne Arundel County has two Circuit Courthouses that handle small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Anne Arundel Court System.

Small Claims Court

In Anne Arundel County, MD, small claims cases are meant to be simpler, so people can handle them on their own if they want. You can hire a lawyer if you prefer, but the process is designed to be straightforward for those who don't.

To qualify as a small claim, your case needs to meet these criteria: the amount in dispute must be $5,000 or less, it should involve only money (not property or services), and you can’t use tools like interrogatories. You also won’t have to appear for exams or respond to interrogatories to enforce a small claims judgment.

Cases Handled

Small Claims Court deals with a range of cases, such as:

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Issues related to debt collection
• Problems with auto repairs
• Complaints about poor construction work
• Cases involving defective products
• Breaches of contract or verbal agreements

Before Filling a Claim

It's often wise to resolve issues before going to court to save time, reduce stress, and cut costs. Plus, settling matters on your own can help you gather evidence for court if needed. Here are steps to settle a case outside of court:

• Talk With Your Opponent: Discuss the issue directly, preferably in person. Determine the amount you're owed and what you're willing to compromise. If an agreement is reached, get it in writing and signed by both parties.
• Write a Demand Letter: If direct communication fails, send a letter outlining why you believe you’re owed money, what you want, and a deadline for payment. Mention that you’ll file a claim in small claims court if payment isn’t made. Keep a copy of the letter.
• Consider Mediation: The District Court’s Alternative Dispute Resolution Program offers mediation, which is usually less formal and can lead to satisfactory solutions. If mediation doesn’t work, you can still go to court.

Filing a Claim

To win your case, file your claim before the statute of limitations expires, usually within three years. As the "plaintiff," you must prove your case by a "preponderance of the evidence," meaning your version of events is more likely true than not. The "defendant" only needs to challenge your evidence.

• Collecting Evidence: Gather and present evidence such as:
  • Witness testimony
  • Contracts
  • Letters
  • Invoices
  • Estimates
• Exhibits: These are key documents or items that support your case, including:
  • Contracts
  • Letters
  • Invoices
  • Estimates
  • Any created documents, like an interest worksheet

Your exhibits should fully cover your case, clearly showing the terms, payments, and efforts to collect before filing. When filing, send copies of documents (not originals), keep a full set for trial, and make extra copies for presentation.

The Complaint

Small Claims Process Overview:

1. File a Complaint: Submit the complaint form to the court.
2. Pay the Filing Fee: Refer to the District Court’s fee schedule for the amount.
3. Writ of Summons: The court will issue this document to notify the defendant.
4. Proof of Notification: Provide evidence that the defendant was served with the complaint.

Completing the Complaint Form:

• Purpose: Clearly state that you’re filing a suit, identify who you’re suing, explain the reason for the suit, and specify the amount you’re seeking.
• Naming Defendants:
  • Individual: Use their full name. They must be at least 18 years old; if not, list their guardians.
  • Company: Use the full business name. If a person guarantees the debt, include both the individual and the company.
• Finding Business Names and Agents:
  • Check SDAT: Visit www.dat.state.md.us to find the correct business name and resident agent.
  • Serve Papers: List the company’s name and “Serve on Resident Agent” with the agent’s address. If the agent is unavailable, you can serve an officer of the company instead.

Serving the Defendant

When filling out the complaint form, you'll select a “Serve by” method to deliver the documents to the defendant. Your options are:

• Certified Mail: Send the complaint, summons, and supporting documents via certified mail (registered or return receipt requested). You’ll receive proof of delivery, which you must submit to the court. Service is not complete if the defendant doesn’t sign. Keep copies of all documents and postal receipts.
• Private Process Server: An individual delivers the documents in person. The server must be 18 or older and not involved in the lawsuit. They will provide an "Affidavit of Service" as proof. You can find a server through business listings or local law firms, or ask friends or family if they are not involved in the case.
• Sheriff or Constable: County sheriffs or constables can serve the documents. Check the Civil Cost Schedule for fees. The court will give the documents to the sheriff or constable, who will then return a certified Writ of Summons to the court after serving the defendant.

Choose the method that fits your situation and budget. If you have multiple defendants, you might need different methods based on each defendant’s accessibility.

Small Claim Details

Small Claims Court Limits

• Claim Limit: Up to $5,000.
• Types of Cases:
  • Contract Cases: Disputes over money owed under a contract.
  • Tort Cases: Claims for damages from harm (e.g., vehicle damage).
  • Replevin Cases: Seek return of property and possibly damages. Filed in District Court regardless of amount.
  • Detinue Cases: Seek return of property or its value with potential damages.
• Court Jurisdiction:
  • District Court: Claims ≤ $5,000.
  • District or Circuit Court: Claims between $5,000 and $30,000.
  • Circuit Court: Claims > $30,000.
• Bad Faith Insurance Claims: Seek damages, expenses, litigation costs, and interest from an insurance claim handled in bad faith.
• Case Particulars: Clearly explain to the judge why you’re entitled to the claimed amount. Keep your explanation brief and straightforward.

Affidavit in Support of Judgment

• Optional but Beneficial: Filling this out can make the process smoother and save time.
• Purpose: It allows the judge to review your supporting documents, which could result in a favorable ruling without a trial.

Defendant’s Response:

• Response Time:
  • In-State: 15 days to file a "Notice of Intention to Defend."
  • Out-of-State and Certain Agencies: 60 days to file.
• Court Notification: You’ll be notified if the defendant files a notice.
• Affidavit Judgment:
  • No Notice Filed: If the defendant doesn’t file a notice and you’ve completed this section, the judge can review your documents.
  • Judge's Decision: If the judge finds the documents sufficient, they may issue an “Affidavit Judgment” without a trial but might request a court appearance for more evidence.
• How to Complete:
  • Indicate Supporting Documents: List the documents supporting your case.
• Sign and Date: Make sure to sign and date the form.
• Submitting Your Complaint:
  • Submission Location: File the completed form and supporting documents at the Clerk’s Office in the District Court where you are filing.
  • Copies Needed:
  • One for the court
  • One set for each defendant
  • One for yourself

Filing Fees and Notifying the Defendant

Filing Fees:

• Required Fees: Pay the filing fee when you submit your complaint form and exhibits.
• Service Fees: Additional fees apply if the court serves the defendant, whether by mail or through a constable/sheriff.
• Cost Schedule: Check the current District Court Cost Schedule for accurate fees.

Notifying the Defendant:

• Writ of Summons: Issued by the court after you file your complaint.
• Notice of Intention to Defend:
  • In-State: Defendants have 15 days to file this notice after receiving the summons.
  • Out-of-State and Certain Agencies: Defendants have 60 days to file.
• Purpose: This notice indicates the defendant plans to contest your claim.

Renewing a Summons:

• Validity Period: Check the validity period on the summons form.
• Unsuccessful Service: If the defendant isn’t served within the period, you’ll need to renew the summons.
• Renewal Process:
  • Complete a “Request for Summons/Summons Renewal” form and select "renewal."
  • Send the renewal fee to the court with the completed form.
• Cost: Refer to the Cost Schedule for renewal fees.

Submitting Proof of Service

After the defendant has been served, you need to submit Proof of Service to the court. Failing to provide this proof within the time allowed for the defendant to file an Intention to Defend could prevent you from presenting your case on the trial date.

Types of Proof Needed:

• Certified Mail: Provide the Return Receipt (the green card) signed by the defendant.
• Private Process Server: Submit the Affidavit of Service completed by the server, which should detail the date and method of service.
• Constable or Sheriff: Provide the Return of Service filed by the constable or sheriff, confirming that the defendant has been served.

Proof of Service Details:

• Certified Mail:
  • Court-Served: You’ll be notified only if delivery fails. If delivery isn’t successful, use an alternative service method.
  • Self-Served: Return the signed delivery receipt to the court with a cover letter confirming the enclosed proof of service.
• Private Process Server:
  • Affidavit of Service: Must be signed by the server and include their printed name, mailing address, and phone number. Ensure the affidavit is clear and properly filed with the court.
• Sheriff or Constable:
  • Notification of Service: You’ll be informed when the defendant is served. If service fails after multiple attempts, retrieve the summons from the court. If the summons expires, you may need to renew it and attempt another service method.

Once the court receives Proof of Service for each defendant, it will schedule a hearing.

Defendant's Response

Negotiation of Settlement:

• Consider Offers: Review any settlement offers or mediation proposals from the defendant.
• Weigh Settlement vs. Trial: Decide if settling is more beneficial than proceeding to trial.

Intention to Defend:

• Prepare for Court: Be ready to counter any arguments the defendant may present.
• Bring Evidence: Ensure you have all relevant evidence and exhibits to support your case.

Ignoring the Complaint:

• Default Judgment: If the defendant ignores the complaint and you requested an Affidavit Judgment, you might receive a default judgment.
• Be Prepared: Be ready to present your case if the judge requests additional evidence.

Claims of Improper Notification:

• Respond to Claims: Defendants may argue that they were not properly served.
• Provide Proof: Be prepared to show proof of service or re-serve the defendant if necessary.

Counterclaims:

• Understand Counterclaims: A counterclaim is when the defendant claims that you owe them money.
• Gather Evidence: Collect evidence to refute the counterclaim and support your original claim.

Preparing for Your Court Date

After filing your small claim, get ready for court by:

• Crafting Statements: Prepare an opening and closing statement to clearly present your case.
• Selecting Witnesses: Choose and prepare witnesses who can support your claim.
• Organizing Exhibits: Gather and arrange all relevant documents and evidence for presentation.

If the defendant files a Notice of Intention to Defend, the court will notify you with the reasons for their dispute. Be prepared to address these arguments in court. The court will then schedule a trial date.

Even if the defendant doesn’t file a notice, you may still need to attend court. At trial, be ready with your witnesses, evidence, and exhibits. Although the trial will be less formal, you must still prove that the defendant owes you the claimed amount.

After Court

After the court issues a judgment, both parties will receive a copy. The court does not manage the collection of the awarded amount. If the other party doesn’t pay, you’ll need to take further steps to enforce the judgment and collect the money owed.

Collect a Judgment

Understand the Judgment:

• The court will issue a judgment ordering the defendant to pay you, and it will be recorded in the court that handled your case.

Coling-Off Period:

• Typcally, you must wait 10 days before taking further legal action to enforce the judgment.

Consider Enforcement Actions:

• Filing Additional Forms: Complete and file necessary forms with the court.
• Paying Fees: Additional filing fees may apply.
• Attending Hearings: You might need to attend court hearings for enforcement.

Methods to Collect on a Judgment:

• Wage Garnishment: Request the court to order the defendant’s employer to withhold part of their wages.
• Bank Account Garnishment: Have the court order the defendant’s bank to freeze and transfer funds to you.
• Property Seizure: Seek a court order to seize the defendant’s personal property or real estate.

Post-Judgment Collection Steps:

• Automatic 10-Day Stay: Wait 10 days before starting collection actions.
• Send Copies: Provide the debtor with copies of all court motions and correspondence.
• Collection Options:
  • Garnish Wages: Deduct payments from the debtor’s paycheck.
  • Garnish Bank Account: Withdraw funds from the debtor’s bank account.
  • Seize Property: Take personal property or real estate owned by the debtor.
• Gather Information:
  • Banking Info: Determine the debtor’s bank details.
  • Employment Info: Find out where the debtor works.
  • Property Info: Identify any property the debtor owns.

Writ of Execution

Post-Judgment Collection Steps:

1. File Request:
   • After the judgment is recorded, file a Request for Writ of Execution (form DC-CV-040) in the county where the property is located.
2. Property Info:
   • Car: Attach a copy of the title (must be less than 90 days old).
   • Real Estate: Attach a copy of the deed.
3. Form Details:
   • Include the amount owed, the debtor’s address, and a description of the property.
   • Choose actions for the sheriff:
     • Leave Property: Post a notice.
     • Exclude Access: Make the property inaccessible (may require a bond).
     • Remove Property: Take the property away (bond used for costs).
4. Waiting Period:
   • Allow 30 days for the debtor to file an exemption motion. If no motion is filed, contact the sheriff to begin the sale.
5. Sale Process:
   • If the sale doesn’t start within 120 days, the property may be returned to the debtor.

Renewing Your Judgment

Validity and Renewal of a Judgment in Maryland:

• Validity: A judgment is valid for 12 years.
• Renewal: To extend the validity, file a Request to Renew Judgment (form DC-CV-023) with the court before the original judgment expires.
  • Example: A judgment from February 1, 2006, remains valid until February 1, 2018. To extend it, you must file for renewal by February 1, 2018. Renewals filed after the judgment expires will not be honored.

Notice of Satisfaction

Filing a Notice of Satisfaction:

• When to File: Submit a Notice of Satisfaction (form DC-CV-031) once the judgment is paid in full.
• Process: The clerk will update the court records and notify all courts where the judgment was recorded.
• Avoid Reimbursement: If you don’t file the notice and the debtor files a Motion for Order Declaring the Judgment Satisfied (form DC-CV-051), you may be required to reimburse the debtor for any related costs.

Let Squabble Help You With Your Small Claim at Anne Arundel County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Anne Arundel County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.

Courthouse Locations:

1. District Court of Maryland for Anne Arundel County

   8 Church Circle
   Annapolis, MD 21401
   (410) 260-1370
   https://www.courts.state.md.us/district/directories/annearundelANNAPOLIS

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.

2. District Court - Glen Burnie

   7500 Governor Ritchie Highway
   Glen Burnie, MD 21061
   (410) 260-1800
   https://www.courts.state.md.us/district/directories/annearundelGLENBURNIE

   BUILDING HOURS

   • Monday - Friday 8:30 a.m. to 4:30 p.m., except court holidays.