Small Claims Court in Montgomery County

In Montgomery County, MD small claims cases are typically filed in the Circuit Court. Montgomery County has 2 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 Montgomery Court System.

Small Claims Court

At Montgomery County, MD the small claims are less formal, and while you can hire an attorney, the rules are simplified for self-representation. To qualify as a small claim:

• The claim must be for $5,000 or less.
• It must be for money only, not property or services.
• No discovery requests like interrogatories are allowed.

You can't be forced to appear for an examination or answer interrogatories for enforcing a small claims judgment. If your case doesn't meet these criteria, it's not a small claim.

Cases Handled

The Small Claims Court handles various types of cases, including:

• Disputes between tenants and landlords
• Personal injury claims
• Stolen property cases
• Claims for damaged property
• Debt collection issues
• Auto repair problems
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

Before Filling a Claim

It's often best to resolve your issue before going to court for several reasons: it can save you time, emotional stress, and money. Plus, your efforts to resolve the issue on your own might help you gather evidence for your case if you do end up in court. To settle the case without a trial:

1. Talk With Your Opponent:
   • Start by discussing the issue with the person you're in dispute with, preferably in person.
   • Prepare by determining how much money you believe you're owed and consider how much you're willing to compromise to avoid court.
   • If you reach an agreement, put it in writing and have both parties sign it as soon as possible.
2. If talking with your opponent doesn't work, write a letter outlining why the person or business owes you money and request payment. In the letter:
   a. Describe the Problem: Clearly explain the issue.
   b. State Your Resolution: Politely specify what you want and include a deadline for payment.
   c. Mention Legal Action: Inform them that if you are not paid, you plan to sue in small claims court.\

Be sure to keep a copy of the letter for your records.

3. Mediation: The District Court’s Alternative Dispute Resolution Program might be helpful. Mediation is less formal than court and often leads to a win-win solution instead of one party losing. If mediation doesn't result in an agreement, you can still go to court.

Filing a Claim

To win, you must file your claim within the statute of limitations, which is the expiration date for your claim. Most claims are valid for no more than three years, so resolve any debts quickly to avoid missing this deadline.

You also need to prove your case. As the "plaintiff," you have the "burden of proof." This means you must show that it is more likely than not that you are right, known as proving your case by a "preponderance of the evidence." The "defendant," the person or business you are suing, doesn't have to prove anything but just needs to prevent you from proving your case.

Collecting Evidence

To prove your case, you need to present evidence, which can include:

• Testimony from a witness
• Contracts
• Letters
• Invoices
• Estimates

Review your case to ensure you have the necessary evidence before filing suit.

Exhibits

Exhibits are documents or tangible items that support your case. They might include:

• Contracts
• Letters
• Invoices
• Estimates
• Items you've created, like an interest worksheet detailing how much interest is owed

Ideally, your exhibits should cover each stage of your case. For instance, in a contract case, your exhibits should show:

1. What you were hired to do
2. How much the defendant agreed to pay
3. How much (if anything) the defendant paid
4. How much is still owed plus interest
5. Your efforts to collect the balance before filing suit

When assembling exhibits, imagine the judge leaving the courtroom with only your exhibits. They should clearly tell your story.

Note: When filing your complaint, send copies, not originals, of your checks, letters, contracts, etc. Save a full set of exhibits in a separate file for use during the trial and make extra copies of each exhibit for presentation during the trial.

The Complaint

Basic Information

There are four basic steps in the small claims process:

1. File a Complaint: The plaintiff (the person seeking the money) files a complaint form with the court. Pay the Filing Fee: The plaintiff pays the filing fee. Check the District Court’s Civil Cost Schedule for fees.
2. Writ of Summons: The court issues a Writ of Summons to officially notify the defendant that a suit has been filed.
3. Proof of Notification: Proof is submitted to the court that the defendant has been notified (served).

The court has standardized paperwork and procedures for each step, and the forms are available at the clerk’s office at any District Court location.

Completing the Complaint Form

The complaint form is the most important document you will file in your case. It tells the court:

• That you are bringing the suit
• Who you are filing suit against
• Why you are filing suit
• How much money you are seeking

Naming The Correct Defendant(s)

Correctly naming the defendant is crucial. Ask yourself, “Who is responsible for paying this bill?” This may involve more than one person or company.

• Suing an Individual

  • Full Name: Use the person’s full name, including suffixes like “Jr.” or “III.”
  • Age Requirement: The individual must be at least 18 years old. If the debtor is under 18 or has a legal guardian, name the parent, guardian, or custodian as the defendant.

• Suing a Company

  • Company Name: Name the company itself unless someone personally guaranteed the debt.

    • Example: If Barbara Jones guaranteed payment for Barbara’s Cleaning Services, Inc., name both Barbara Jones and Barbara’s Cleaning Services, Inc. as defendants.

  • Formal Business Name: Use the full, formal business name (e.g., “John Debtor Enterprises, Inc.”). You can find this information on stationery, checks, or business signs.

• Finding the Formal Name

  • State Department of Assessments and Taxation (SDAT): Check www.dat.state.md.us for the formal name and resident agent information.

• Resident Agent

  • Authorized Person: SDAT lists the resident agent authorized to accept service of suit papers.
  • How to List: List the company as the defendant. Below the defendant’s name, write “Serve on Resident Agent” and include the agent’s name and address.

If you can’t find a resident agent, serve your papers on an officer of the business, such as the president. Use the business name and address from your records when completing the paperwork.

Serving the Defendant

Next to the space for each defendant’s name and address on the complaint form is a small box labeled “Serve by.” Your options for serving the defendant are:

• Certified Mail
• Private Process
• Constable
• Sheriff

Serving the Defendant

When defendants are "served," they are officially notified of the lawsuit and summoned to appear for trial via a Writ of Summons, which the court issues after you file your complaint. The Writ of Summons includes the case number, trial date, time, and location. One copy of this document, along with a copy of the complaint form and supporting documents, must be delivered to the defendant.

Methods and Fees

There are various ways to serve these documents, each with different fees. If your claim involves multiple defendants, some easy to serve and others more evasive, you can use a combination of these methods.

Options for Serving the Defendant

• Option 1: Certified Mail

  • Process: Use certified mail (registered mail or return receipt requested) to send the complaint, summons, and supporting documents.
  • Receipt: Provides proof of delivery. Submit this receipt to the court. If the defendant doesn't sign for it, service isn't made.
  • Documentation: Keep copies of all sent documents and postal receipts.

• Option 2: Private Process Server

  • Process: A private process server hand-delivers court documents.
  • Requirements: Any person 18 or older, not a party to the lawsuit, can serve. The server signs an "Affidavit of Service" as proof.
  • Finding a Server: Look in business yellow pages or ask a local law firm. Friends or family members can serve, as long as they're not involved in the lawsuit.

• Option 3: Sheriff or Constable

  • Role: County sheriffs or constables can serve defendants.
  • Cost: Check the Civil Cost Schedule for fees.
  • Process: The court delivers documents to the sheriff or constable. They return a certified Writ of Summons to the court after serving.

Complaint Details

Small Claims Court Limits

• Claim Limit: Limited to claims of $5,000 or less.

• Types of Cases:

  • Contract Cases: Non-payment for money owed under a contract.
  • Tort Cases: Harm resulting in monetary damages (e.g., car damage).
  • Replevin Cases: Seek the return of property and possible damages, allowing for possession before trial. Filed in District Court regardless of the amount.
  • Detinue Cases: Seek the return of property or its value with possible damages. Jurisdiction depends on the claim amount:
    • 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: Seek actual damages, expenses, litigation costs, and interest from a first-party insurance claim not processed in good faith.

• Case Particulars

  • Explanation: Briefly explain to the judge why you are entitled to the claimed money. Keep it short and simple.

Application and Affidavit in Support of Judgment

Why Complete This Section?

• Optional but Beneficial: Completing this section can save time and effort.
• Purpose: Allows the judge to review your supporting documents and potentially rule in your favor without a trial.

Defendant’s Response

• Response Time:
  • In-State: Defendants have 15 days to file a "Notice of Intention to Defend."
  • Out-of-State and Certain Agencies: 60 days to file.
• Court Notification: You will be notified if an Intention to Defend is filed.

Affidavit Judgment

• No Notice Filed: If no notice is filed and you've completed this section, the judge can review your documents.
• Judge's Decision: If the judge finds your documents sufficient, they can rule in your favor without a trial, issuing an “Affidavit Judgment.”
• **Potential Requirement: The judge may still require a court appearance for further evidence.

How to Complete

• Indicate Supporting Documents: List the documents that support your case.
• Sign and Date: Complete with your signature and date.

Submitting Your Complaint

• Submission Location: Submit your completed form and supporting documents to the Clerk’s Office in the District Court of the county where you are filing.
• Copies Needed: Make several copies of the complaint and exhibits:
  • 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 completed complaint form and exhibits.
• Service Fees: Additional fees apply if the court serves the defendant (by mail or constable/sheriff).
• Cost Schedule: Check the current District Court Cost Schedule for accurate fee amounts.

Notifying the Defendant

• Writ of Summons: After filing 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 the notice.
• Purpose: Filing the notice indicates the defendant plans to dispute your claim.

Renewing a Summons

• Validity Period: The number of days a summons is valid is printed on the form.
• Unsuccessful Service: If the defendant isn't served within the validity period, you must renew the summons to attempt service again.
• Renewal Process:
  • Complete a “Request for Summons/Summons Renewal” Form and check "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 Proof of Service is not received 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:
  • Return Receipt (the green card) signed by the defendant.
• Private Process Server:
  • Affidavit of Service completed by the person who served the papers, stating the date and method of service.
• Constable or Sheriff:
  • Return of Service filed by the constable or sheriff, indicating that the defendant has been served.

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

Proof of Service Details

Certified Mail

• Court-Served:
  • You will be notified only if delivery fails.
  • If not delivered, consider another service method.
• Self-Served:
  • Return the signed delivery receipt to the court.
  • Include a cover letter confirming you are enclosing proof of service.

Private Process Server

• Affidavit of Service:
  • Must be completed and signed by the process server.
  • The affidavit must include the server’s printed name, mailing address, and telephone number.
  • Ensure legibility and proper notification to the court.

Sheriff or Constable

• Notification of Service:
  • You will be informed when the defendant is served.
  • If the defendant is not served after several attempts, you can retrieve the summons from the court.
  • If the summons has expired, you may need to renew it to try another service method.

Defendant's Response

1. Negotiation of Settlement:
   • Consider any new offers or mediation proposals from the defendant.
   • Evaluate if reaching a settlement is more favorable than going to trial.
2. Intention to Defend:
   • Prepare to counter the defendant’s arguments in court.
   • Bring all relevant evidence and exhibits to support your case.
3. Ignoring the Complaint:
   • If you requested an Affidavit Judgment and the defendant fails to respond, you may receive a default judgment.
   • Be ready to present your case if the judge requires further evidence.
4. Claims of Improper Notification:
   • Defendants may argue improper service either before or during the trial.
   • Be prepared to provide proof of service or re-serve the defendant if necessary.
5. Counterclaims:
   • A counterclaim is when the defendant asserts that you owe them money.
   • Gather 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 clearly present your case.
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 detail the defendant's reasons for disputing your claim. Be ready to counter these arguments in court. The court will then set a trial date.

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

At trial, come prepared with witnesses, evidence, and exhibits to support your claim. While the trial will be less formal than usual, you must still prove that the defendant owes you the money claimed.

After Court

After the court issues a judgment, both parties will receive a copy. The court does not handle collection of the awarded amount. If the other party fails to pay as ordered, you will need to take additional steps to enforce the judgment and collect the money owed.

Collect a Judgment:

1. Understand the Judgment: The court issues a judgment ordering the defendant to pay you. This judgment is recorded in the court that handled your case.
2. Wait for the Cooling-Off Period: Typically, you must wait 10 days before taking further legal action to enforce the judgment.
3. Consider Enforcement Actions: If the defendant does not pay or agree to a payment plan, you may need to initiate enforcement actions. This involves:
   • Filing Additional Forms: Complete and file the necessary forms with the court.
   • Paying Fees: There may be additional filing fees.
   • Attending Hearings: You may need to appear in court for enforcement hearings.

The court does not collect the money for you; it is up to you to pursue collection.

To collect on a judgment, you can choose from three methods:

1. Wage Garnishment: Request the court to order the defendant's employer to withhold a portion 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 must 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, it may be challenging to collect.

Post Judgment

After winning your case, follow these steps to collect your judgment:

1. Automatic 10-Day Stay: Wait 10 days before starting the collection process.
2. Send Copies: Provide the debtor with copies of all court motions and correspondence.

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.

Gather Information:

• Banking Info: Where does the debtor bank?
• Employment Info: Where does the debtor work?
• Property Info: What property does the debtor own?

Writ of Execution

1. File Request: After your 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 (less than 90 days old).
   • Real Estate: Attach a copy of the deed.
3. Form Details:
   • Enter the amount owed, debtor’s address, and property description.
   • Choose actions for the sheriff:
     • Leave Property: Post a notice.
     • Exclude Access: Make it inaccessible (may need a bond).
     • Remove Property: Take it away (bond used for costs).
4. Waiting Period: 30 days for debtor to file an exemption motion. If no motion, contact the sheriff to start the sale.
5. Sale Process: If the sale doesn’t start in 120 days, the property may be returned to the debtor.

Renewing Your Judgment

• Validity: In Maryland, a judgment is valid for 12 years.
• Renewal: To extend this, file a Request to Renew Judgment (form DC-CV-023) with the court before the original judgment expires.
• Example: If the judgment was entered on February 1, 2006, it’s valid until February 1, 2018. You must file the renewal by February 1, 2018, to avoid expiration.
• Note: If filed after the judgment has expired, it will not be honored.

Notice of Satisfaction

When to File: File a Notice of Satisfaction (form DC-CV-031) when 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 and the debtor files a Motion for Order Declaring the Judgment Satisfied (form DC-CV-051), you may be ordered to reimburse the debtor for any related costs.

Let Squabble Help You With Your Small Claim at Montgomery 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 Montgomery 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. Montgomery County District Court - Rockville

   50 Maryland Avenue
   Rockville, MD 20850
   240-777-9400
   https://montgomerycountymd.gov/cct/index.html

   BUILDING HOURS

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

2. Montgomery County District Court - Silver Spring

   8552 Second Avenue
   Silver Spring, MD 20910
   301-563-8800
   https://www.courts.state.md.us/district/directories/montgomerySILVERSPRING

   BUILDING HOURS

   • Monday - Friday 8:00 a.m. to 4:30 p.m., except court holidays.