Small Claims Court in Prince George's County

In Prince George’s County, MD small claims cases are typically filed in the Circuit Court. Prince George’s 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 Prince George’s Court System.

Small Claims Court

In Prince George’s County, MD, Small Claims cases are designed to be more straightforward, making it easier for people to represent themselves without needing a lawyer. You can hire one if you want, but the process is simplified for those who go it alone.

To be considered a small claim:

• Your claim must be for $5,000 or less.
• It has to be for money only—no claims for property or services are allowed.
• You can't use discovery tools like interrogatories.
• Additionally, you can't be compelled to attend an examination or respond to interrogatories to enforce a small claims judgment.

Cases Handled

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

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Debt collection issues
• Problems with auto repairs
• Poor construction work
• Defective products
• Breaches of contracts or verbal agreements

Before Filling a Claim

It's often a good idea to try to resolve your issue before going to court for a few key reasons: it can save you time, reduce stress, and cut down on costs. Plus, making an effort to settle the matter on your own can help you gather useful evidence if you do end up in court.

Here’s how you can try to settle the case without going to trial:

1. Talk With Your Opponent:
   • Start by having a conversation with the person you're in dispute with, ideally in person.
   • Before you meet, figure out how much money you believe you're owed and consider how much you’re willing to compromise to avoid going to court.
   • If you both come to an agreement, make sure to put it in writing and have both parties sign it as soon as possible.
2. Send a Demand Letter:
   • If talking doesn’t work, consider writing a letter explaining why the person or business owes you money and requesting payment.
   • In the letter, clearly describe the problem, specify what resolution you want, and include a deadline for payment.
   • Mention that if payment isn’t made, you plan to file a lawsuit in small claims court.
   • Keep a copy of the letter for your records.
3. Consider Mediation:
   • The District Court’s Alternative Dispute Resolution Program might be helpful. Mediation is a less formal process than going to court and often leads to solutions that satisfy both sides. If mediation doesn’t result in an agreement, you still have the option to go to court.

Filing a Claim

To successfully win your case, you must file your claim within the statute of limitations, which is the legal deadline for taking action. Most claims have a limit of three years, so it’s important to resolve any debts quickly to avoid missing this deadline.

You’ll also need to prove your case. As the "plaintiff," the responsibility falls on you to prove your claim. This is known as the "burden of proof," meaning you must demonstrate that it’s more likely than not that you are right—this is called proving your case by a "preponderance of the evidence." The "defendant," or the person or business you're suing, doesn't have to prove anything; their job is simply to prevent you from proving your case.

Collecting Evidence

To prove your case, you’ll need to gather evidence, which can include:

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

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

Exhibits

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

• Contracts
• Letters
• Invoices
• Estimates
• Items 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 demonstrate:

• What you were hired to do
• How much the defendant agreed to pay
• How much the defendant has paid so far
• The remaining balance owed, plus any interest
• Your attempts to collect the balance before filing suit

When assembling exhibits, imagine the judge reviewing only your exhibits after the trial. They should clearly and effectively tell your story.

Important Note: When filing your complaint, submit copies—not originals—of your checks, letters, contracts, and other important documents. Keep a full set of exhibits in a separate file for the trial and make extra copies of each exhibit for presentation during the trial.

The Complaint

Basic Information

There are four key steps in the small claims process:

1. File a Complaint: The plaintiff, or the person seeking money, starts by filing a complaint form with the court.
2. Pay the Filing Fee: The plaintiff must pay a filing fee. You can check the District Court’s Civil Cost Schedule for the exact amount.
3. Writ of Summons: The court issues a Writ of Summons to officially notify the defendant that a lawsuit has been filed against them.
4. Proof of Notification: Proof that the defendant has been notified (served) must be submitted to the court.

The court has standardized paperwork and procedures for each of these steps, and the necessary forms can be found at the clerk’s office at any District Court location.

Completing the Complaint Form

The complaint form is the most crucial document in your case. It informs the court:

• That you are filing the lawsuit
• Who you are suing
• Why you are suing
• How much money you are seeking

Naming the Correct Defendant(s)

Correctly identifying the defendant is critical. Ask yourself, "Who is responsible for paying this bill?" This might involve more than one person or company.

• Suing an Individual
  • Full Name: Use the person’s full name, including any 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, you should 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., then you should name both Barbara Jones and Barbara’s Cleaning Services, Inc. as defendants.
  • Formal Business Name: Use the company’s full, formal name (e.g., “John Debtor Enterprises, Inc.”). You can find this information on the company’s stationery, checks, or business signs.
• Finding the Formal Name
  • State Department of Assessments and Taxation (SDAT): You can check the website www.dat.state.md.us for the formal business name and resident agent information.
• Resident Agent
  • Authorized Person: The SDAT lists the resident agent who is authorized to accept service of suit papers on behalf of the company.
  • How to List: When naming the company as the defendant, write “Serve on Resident Agent” under the company’s name and include the agent’s name and address.

If you can’t locate a resident agent, you can serve your papers on an officer of the business, like the president. Use the business name and address from your records when filling out the paperwork.

Serving the Defendant

After filing your complaint, the next step is to "serve" the defendant, which means officially notifying them of the lawsuit and summoning them to appear in court. The court issues a Writ of Summons after you file your complaint, which includes important details like the case number, trial date, time, and location. A copy of this Writ, along with the complaint form and any supporting documents, must be delivered to the defendant.

Methods and Fees

There are several methods for serving the defendant, each with its own fees. If your case involves multiple defendants—some easier to serve than others—you can use a combination of these methods.

Options for Serving the Defendant

1. Certified Mail
   • Process: Send the complaint, summons, and supporting documents via certified mail, registered mail, or with a return receipt requested.
   • Receipt: This method provides proof of delivery, which you must submit to the court. If the defendant does not sign for the mail, service is not considered complete.
   • Documentation: Keep copies of all sent documents and the postal receipts as proof.
2. Private Process Server
   • Process: A private process server personally delivers the court documents to the defendant.
   • Requirements: The server must be at least 18 years old and not a party to the lawsuit. They will sign an "Affidavit of Service" as proof that the documents were delivered.
   • Finding a Server: You can find a process server in the business yellow pages or by asking a local law firm. Friends or family members can also serve the documents, as long as they are not involved in the lawsuit.
3. Sheriff or Constable
   • Role: A county sheriff or constable can serve the defendant on your behalf.
   • Cost: Fees for this service can be found in the Civil Cost Schedule.
   • Process: The court will deliver the documents to the sheriff or constable, who will then serve the defendant and return a certified Writ of Summons to the court as proof of service.

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.

Support of Judgment

• Optional but Beneficial: While completing this section is optional, it can save you time and effort.
• Purpose: It allows the judge to review your supporting documents and potentially rule in your favor without the need for a trial.

Defendant’s Response

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

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 your documents are sufficient, the judge can rule in your favor without a trial by issuing an “Affidavit Judgment.”
• Potential Requirement: The judge may still require a court appearance to gather further evidence.

How to Complete

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

Require Fees

Filling Fees

• Required Fees: When submitting your completed complaint form and exhibits, you must also pay the filing fee.
• Service Fees: Additional fees apply if the court serves the defendant, whether by mail or through a constable/sheriff.
• Cost Schedule: Refer to the current District Court Cost Schedule to ensure you know the accurate fee amounts.

Notifying the Defendant

• Writ of Summons: After filing your complaint, the court issues a Writ of Summons to notify the defendant.
• Notice of Intention to Defend:
  • In-State Defendants: Have 15 days from receiving the summons to file this notice.
  • Out-of-State Defendants and Certain Agencies: Have 60 days to file.
  • Purpose: Filing this notice indicates that 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 this period, you must renew the summons to attempt service again.
• Renewal Process: Complete a “Request for Summons/Summons Renewal” form and check the "renewal" box. Send the renewal fee to the court along with the completed form.
• Cost: Check the Cost Schedule for the current renewal fees.

Service Fees

• Appeal to the Court of Special Appeals: $121
• Arbitration Award (Confirmation, Correction, or Modification): $95
• Attorney Appearance: $10
• Certified Copies of Court Records (Plus Copy Fee): $5
• Civil Case Filing, Without Attorney: $165
• Civil Case Filing, With Attorney: $175
• Copies (Per Page): $0.50
• Motion for Admission of Out-of-State Attorney: $100
• Petition for Contempt: $31
• Sheriff's Service: $40
• Attorneys: Check from Law Office
• Self-Represented Litigants: Money Order
• Writ of Habeas Corpus (Without Attorney): $165
• Writ of Habeas Corpus (With Attorney): $175
• Foreign Depositions: $110
• Foreign Judgments: $110

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 allowed time for the defendant to file an Intention to Defend, you might not be able to present your case on the trial date.

Types of Proof Needed:

1. Certified Mail:
   • Return Receipt: This is the green card signed by the defendant, proving they received the mail.
2. Private Process Server:
   • Affidavit of Service: This document, completed by the person who served the papers, must state the date and method of service.
3. Constable or Sheriff:
   • Return of Service: Filed by the constable or sheriff, this document indicates that the defendant has been served.

Proof of Service Details

1. Certified Mail:
   • Court-Served: You will be notified only if delivery fails. If it is not delivered, consider using another service method.
   • Self-Served: Return the signed delivery receipt to the court, along with a cover letter confirming that you are enclosing proof of service.
2. Private Process Server:
   • Affidavit of Service: Must be completed and signed by the process server, including their printed name, mailing address, and telephone number. Ensure the affidavit is legible and properly submitted to the court.
3. 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.

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

Defendant's Response

Negotiation of Settlement

• Consider Offers: Be open to any new offers or mediation proposals from the defendant.
• Evaluate: Decide if reaching a settlement is more advantageous than going to trial.

Intention to Defend

• Prepare to Counter: Be ready to address and counter the defendant’s arguments in court.
• Bring Evidence: Ensure you have all relevant evidence and exhibits to support your case.

Ignoring the Complaint

• Affidavit Judgment: If you requested an Affidavit Judgment and the defendant fails to respond, you may receive a default judgment.
• Prepare for Further Evidence: Be ready to present your case if the judge requires additional evidence.

Claims of Improper Notification

• Defendant’s Argument: Be aware that defendants might claim improper service either before or during the trial.
• Proof of Service: Be prepared to provide proof of service or arrange for re-service if necessary.

Counterclaims

• Defendant’s Assertion: A counterclaim occurs when the defendant argues that you owe them money.
• Refute the Counterclaim: Gather evidence to refute the counterclaim and strengthen your original claim.

Preparing for Your Court Date

After filing your small claim, here’s how to prepare for court:

1. Crafting Statements:

• Prepare an opening and closing statement to clearly outline your case.

2. Selecting Witnesses:

• Choose witnesses who can support your claim and prepare them to testify.

3. Organizing Exhibits:

• Gather and arrange all relevant documents and evidence you plan to present.

If the Defendant Files a Notice of Intention to Defend

• Court Notification: The court will inform you if the defendant files this notice, which will include their reasons for disputing your claim.
• Counter Arguments: Be prepared to address and counter these arguments in court.
• Trial Date: The court will set a trial date after receiving the notice.

If the Defendant Does Not File a Notice

• Court Attendance: You may still need to attend court even if the defendant does not file a notice.

At Trial

• Preparation: Bring all witnesses, evidence, and exhibits with you.
• Proving Your Claim: Despite the trial being less formal, 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 manage the collection of the awarded amount. If the other party fails to pay as ordered, you will need to take further steps to enforce the judgment and collect the money owed.

Collect a Judgment:

Understanding and Enforcing 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. Cooling-Off Period:

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

3. Consider Enforcement Actions:

• If the defendant does not pay or agree to a payment plan, you may need to initiate enforcement actions, which involve:
  • Filing Additional Forms: Complete and file the necessary forms with the court.
  • Paying Fees: Be prepared for additional filing fees.
  • Attending Hearings: You might need to appear in court for enforcement hearings.
• Note: The court does not collect the money for you; you must pursue collection yourself.

Methods to Collect on a Judgment

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: For these actions, you must file documents with the court and provide copies to the defendant. If the defendant lacks a job, bank account, or significant property, collecting the judgment may be challenging.

Post Judgment

After winning your case, here’s what you need to do to collect your judgment:

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 related to the judgment.
3. Collection Options:
   • Garnish Wages: Arrange to have payments deducted directly from the debtor’s paycheck.
   • Garnish Bank Account: Obtain a court order to withdraw funds from the debtor’s bank account.
   • Seize Property: Seek a court order to take personal property or real estate owned by the debtor.
4. Gather Information:
   • Banking Info: Find out where the debtor banks.
   • Employment Info: Identify where the debtor works.
   • Property Info: Determine what property the debtor owns.

Writ of Execution

To collect on your judgment through property seizure, follow these steps:

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 car title, which should be less than 90 days old.
   • Real Estate: Attach a copy of the property deed.
3. Form Details:
   • Include the amount owed, the debtor’s address, and a description of the property.
   • Specify the actions for the sheriff:
     • Leave Property: Post a notice on the property.
     • Exclude Access: Make the property inaccessible (this may require a bond).
     • Remove Property: Take the property away (a bond will cover the costs).
4. Waiting Period:
   • Allow 30 days for the debtor to file an exemption motion. If no motion is filed, contact the sheriff to initiate the sale process.
5. Sale Process:
   • If the sale does not start within 120 days, the property may be returned to the debtor.

Renewing Your Judgment

Judgment Validity and Renewal in Maryland

• Validity: In Maryland, a judgment is valid for 12 years from the date it was entered.
• Renewal:
  • To extend the validity of the judgment, you must 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 remains valid until February 1, 2018. You must file the renewal by February 1, 2018, to prevent expiration.
  • Note: If you file the renewal after the judgment has expired, it will not be accepted.

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 to reflect that the judgment has been satisfied.
  • The clerk will also 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 might be ordered to reimburse the debtor for any related costs.

Let Squabble Help You With Your Small Claim at Prince George’s 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 Prince George’s 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. Prince George's County - Hyattsville

   4990 Rhode Island Avenue
   Hyattsville, MD 20781
   (301) 298-4200
   https://www.mdcourts.gov/district/directories/princegeorgesHYATTSVILLE

   BUILDING HOURS

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

2. Prince George's County - Upper Marlboro

   14735 Main Street, Suite 173B
   Upper Marlboro, MD 20772
   (301) 298-4000
   https://www.mdcourts.gov/district/directories/princegeorgesUPPERMARLBORO

   BUILDING HOURS

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