Small Claims Court in Baltimore County

In Baltimore County, MD small claims cases are typically filed in the Circuit Court. Baltimore County has three 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 Baltimore Court System.

Small Claims Court

In Baltimore County, MD, small claims cases are designed to be less formal, making it easier for individuals to represent themselves if they choose. You can still hire an attorney if you prefer, but the process is streamlined to accommodate those who don’t. To qualify as a small claim, your case must meet the following criteria: The amount in dispute should be $5,000 or less. The claim must involve money only, not property or services. You can't use discovery tools like interrogatories. You won't be required to appear for examinations or answer 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 a good idea to try to resolve your issue before heading to court for a few key reasons: it can save you time, reduce emotional stress, and cut costs. Plus, attempting to settle the matter on your own can help you gather evidence if you do end up in court.

Here are some steps to settle a case without going to trial:

1. Talk With Your Opponent:
   • Begin by discussing the issue directly with the person you're in dispute with, ideally in person.
   • Prepare by figuring out how much money you think you're owed and what you're willing to compromise on to avoid court.
   • If you reach an agreement, make sure to put it in writing and get both parties to sign it promptly.
2. Write a Demand Letter:
   • If direct communication doesn't work, send a letter detailing why you believe the person or business owes you money and requesting payment.
   • Describe the Problem: Clearly explain the issue.
   • State Your Resolution: Politely specify what you're asking for and set a deadline for payment.
   • Mention Legal Action: Let them know that if payment isn’t made, you plan to file a claim in small claims court.
   • Remember to keep a copy of the letter for your records.
3. Consider Mediation:
   • The District Court’s Alternative Dispute Resolution Program could be helpful. Mediation is usually less formal than court and can lead to mutually satisfactory solutions rather than a win-lose outcome. If mediation doesn’t resolve the issue, you still have the option to go to court.

Filing a Claim

To win your case, you need to file your claim before the statute of limitations expires, which is the deadline for taking legal action. Typically, you have up to three years to file, so it's important to address any debts quickly to avoid missing this deadline.

As the "plaintiff," you bear the "burden of proof," meaning you must show that your version of events is more likely true than not. This is known as proving your case by a "preponderance of the evidence." The "defendant," the person or business you're suing, doesn't have to prove anything; their role is mainly to challenge your evidence.

Collecting Evidence To support your case, gather and present evidence, which may include:

• Witness testimony
• Contracts
• Letters
• Invoices
• Estimates

Ensure you have all the necessary evidence before filing your suit.

Exhibits

Exhibits are documents or items that support your case, such as:

• Contracts
• Letters
• Invoices
• Estimates
• Any documents you’ve created, like an interest worksheet showing how much interest is owed

Your exhibits should cover every aspect of your case. For example, in a contract dispute, your exhibits should illustrate:

• The terms of the contract
• The agreed payment amount
• Payments made
• The remaining balance and interest
• Your efforts to collect the balance before filing the suit

When preparing exhibits, imagine the judge leaving the courtroom with only your exhibits; they should clearly convey your story.

Important Note: When filing your complaint, send copies (not originals) of your documents, such as checks, letters, and contracts. Keep a full set of exhibits in a separate file for trial use and make extra copies for presentation during the trial.

The Complaint

Small Claims Process Overview:

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

Completing the Complaint Form:

• Purpose: Indicates you’re filing a suit, who you’re suing, why, and how much you’re seeking.

Naming Defendants:

• Individual: Use their full name. They must be at least 18; if not, name their guardian.
• Company: Use the full business name. If a person guaranteed the debt, list both the individual and the company.

Finding Business Names and Agents:

• Check SDAT: Visit www.dat.state.md.us for the correct business name and resident agent.
• Serve Papers: List the company and “Serve on Resident Agent” with the agent’s address. If unavailable, serve an officer of the company.

Serving the Defendant

When filling out the complaint form, you'll see a box labeled “Serve by” where you can choose how to serve the defendant. Here are your options:

1. Certified Mail
   • Process: Send the complaint, summons, and supporting documents via certified mail (registered or return receipt requested).
   • Receipt: You’ll get proof of delivery, which you must submit to the court. If the defendant doesn’t sign, service is not complete.
   • Documentation: Keep copies of all documents and postal receipts.
2. Private Process Server
   • Process: A private process server delivers the documents in person.
   • Requirements: The server must be 18 or older and not involved in the lawsuit. They will sign an "Affidavit of Service" as proof.
   • Finding a Server: Search the business yellow pages or ask a local law firm. Friends or family can serve if they're not involved in the case.
3. Sheriff or Constable
   • Role: County sheriffs or constables can serve the documents.
   • Cost: Check the Civil Cost Schedule for fees.
   • Process: The court provides the documents to the sheriff or constable, who then returns a certified Writ of Summons to the court after serving the defendant.

You can choose the method that best suits your situation and budget. If you have multiple defendants, you might need to use different methods depending on each defendant's accessibility.

Complaint 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 due to harm (e.g., vehicle damage).
  • Replevin Cases: Seek return of property and possible damages. Filed in District Court regardless of amount.
• Detinue Cases: Seek return of property or its value with potential damages. - District Court: For claims ≤ $5,000. - District or Circuit Court: For claims between $5,000 and $30,000. - Circuit Court: For claims > $30,000.
• Bad Faith Insurance Claims: For damages, expenses, litigation costs, and interest from an insurance claim handled in bad faith.

Case Particulars:

• Explanation: Briefly explain to the judge why you are entitled to the claimed amount. Keep it clear and concise.

Affidavit in Support of Judgment

• Optional but Beneficial: Filling out this section can streamline the process and save time.
• Purpose: It lets the judge review your supporting documents, which could lead to a ruling in your favor 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 informed if the defendant files a Notice of Intention to Defend.

Affidavit Judgment

• No Notice Filed: If the defendant does not 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. The judge might still ask for a court appearance for additional evidence.

How to Complete

• Indicate Supporting Documents: List the documents supporting your case.
• Sign and Date: Ensure you sign and date the form.

Submitting Your Complaint

• Submission Location: File your 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 are required if the court serves the defendant, whether by mail or constable/sheriff.
• Cost Schedule: Refer to the current District Court Cost Schedule for accurate fee amounts.

Notifying the Defendant

• Writ of Summons: After you file your complaint, the court issues a Writ of Summons.
• Notice of Intention to Defend:
  • In-State: Defendants have 15 days from receiving the summons to file this notice.
  • Out-of-State and Certain Agencies: Defendants have 60 days to file.
• Purpose: Filing this notice means the defendant intends to contest your claim.

Renewing a Summons

• Validity Period: The summons’s validity period is indicated on the form.
• Unsuccessful Service: If the defendant isn’t served within this period, you must renew the summons to try serving again.
• 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: Check the Cost Schedule for renewal fees.

Submitting Proof of Service

Once the defendant has been served, you must submit Proof of Service to the court. If you don’t provide this proof within the time allowed for the defendant to file an Intention to Defend, you may not be able to present 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, detailing the date and method of service.
• Constable or Sheriff: Provide the Return of Service filed by the constable or sheriff, confirming the defendant has been served.

Proof of Service Details:

• Certified Mail:
  • Court-Served: You’ll be notified only if delivery fails. If not delivered, use another 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 legible and properly filed with the court.
• Sheriff or Constable:
  • Notification of Service: You’ll be informed when the defendant is served. If not served after multiple attempts, retrieve the summons from the court. If the summons expires, you may need to renew it and try 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: Evaluate any settlement offers or mediation proposals from the defendant.
• Weigh Settlement vs. Trial: Determine if settling is more advantageous than going to trial.

Intention to Defend:

• Prepare for Court: Be ready to counter the defendant’s arguments.
• 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 asks for additional evidence.

Claims of Improper Notification:

• Respond to Claims: Defendants might argue improper service.
• Provide Proof: Be prepared to show proof of service or re-serve the defendant if needed.

Counterclaims:

• Understand Counterclaims: A counterclaim means the defendant claims 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, start preparing for court by:

1. Crafting Statements: Prepare an opening and closing statement to present your case clearly.
2. Selecting Witnesses: Choose and prepare witnesses who can support your claim.
3. 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. This notice will outline the defendant's reasons for disputing your claim. Be ready to counter these arguments in court. The court will then schedule a trial date.

Even if the defendant does not file a notice, you might still need to attend court.

At trial, come prepared with witnesses, evidence, and exhibits. While 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 handle the collection of the awarded amount. If the other party fails to pay, you’ll need to take additional 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. This judgment is recorded in the court that handled your case.

Cooling-Off Period:

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

Consider Enforcement Actions:

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

The court does not collect the money for you; you must pursue collection on your own.

Methods to Collect on a Judgment:

1. *Wage Garnishment: Request the court to order the defendant's employer to withhold part of their wages to pay you.
2. Bank Account Garnishment: Have the court order the defendant's bank to freeze and transfer funds from their account to you.
3. Property Seizure: Seek a court order to seize the defendant's personal property or real estate to satisfy the debt.

Note: You need to file documents with the court and provide copies to the defendant for these actions. If the defendant lacks a job, bank account, or significant property, collecting the debt may be challenging.

Post-Judgment Collection Steps

1. Automatic 10-Day Stay:
   • Wait 10 days before initiating the collection process.
2. Send Copies:
   • Provide the debtor with copies of all court motions and correspondence.
3. Collection Options:
   • Garnish Wages: Deduct payments directly 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.
4. Gather Information:
   • Banking Info: Determine where the debtor banks.
   • 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: If a judgment was entered on February 1, 2006, it remains valid until February 1, 2018. You must file for renewal by February 1, 2018, to avoid expiration.
• Note: If you file for renewal after the judgment has expired, the renewal 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 fail to 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 Baltimore 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 Baltimore 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 for Baltimore County - Catonsville

   1 E Rolling Crossroads
   Catonsville, MD 21228
   (240) 777-9400
   https://www.courts.state.md.us/district/directories/baltimorecountyCATONSVILLE-Rolling

   BUILDING HOURS

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

2. District Court for Baltimore County- Essex

   8914 Kelso Drive
   Essex, MD 21221
   (410) 512-2300
   https://www.courts.state.md.us/district/directories/baltimorecountyESSEX

   BUILDING HOURS

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

3. District Court for Baltimore County- Towson

   120 E. Chesapeake Avenue
   Towson, MD 21286
   (410) 512-2000
   https://www.courts.state.md.us/district/directories/baltimorecountyTOWSON

   BUILDING HOURs

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