The District Court Claims Process

Maryland collection cases are typically filed in the District Court for the county in which the debt originated (e.g., where the contract was signed) or where the debtor-defendant currently lives. The deadline, or statute of limitations, for bringing a breach of contract case in Maryland is three years from the date of breach. A lawsuit is commenced by filing a complaint with the Court using a standard form which allows the creditor-plaintiff’s claim to be made by affidavit - a written statement made under oath - rather than in person. The defendant must be properly served with the complaint and court summons in order for the case to proceed. The District Court Clerk’s Office ordinarily sets trial dates two or three months after the filing of the complaint.

The defendant must submit an answer to the complaint, formally titled a “Notice of Intention to Defend,” by the trial date. After the defendant files an answer, the discovery process takes place during which the parties exchange written questions and documents. Motions are generally heard on the date of trial. In cases where the defendant appears on the original trial date without first filing a Notice of Intention to Defend or retaining an attorney, it is not uncommon for courts to reset, or postpone, the trial date.

In cases where the defendant fails to timely file a Notice of Intention to Defend, the Court will enter an Affidavit Judgment provided the plaintiff’s supporting documentation satisfies each element of the claim. Either party may appeal to the Circuit Court to have the case heard anew (de novo) after a small claim judgment is issued in District Court.

Whether through trial or by default, a creditor-claimant can expect the Court to issue a judgment within nine months to one year after bringing suit. In Maryland, nearly all judgments expire within 12 years following the date of issuance but can be renewed and extended. A debtor’s exam may take place to facilitate collection on a judgment. In the case of an evasive debtor, plaintiff’s counsel may accomplish an exam by issuing post-judgment discovery then seeking an order to compel, an order to show cause, and finally a body attachment. Writs of garnishment on wages and property allow for the physical seizure, sale and/or transfer of property in satisfaction of the judgment.

The above content must not be interpreted as legal advice. Rather, it provides a generalized and simplified snapshot of legal procedures applicable to many small claims collection cases in Maryland. The law is complex, and legal pitfalls abound. Exercise care and caution when selecting your attorney. Hire an attorney with the knowledge and skill-set needed to prevail. Call the Law Office today for a free, confidential consultation.