There is a small claims lawsuit that can be filed in Maryland.
You might want to consider filing a small claims lawsuit if you have a dispute with someone that you can't seem to resolve on your own.The state of Maryland has a lot of resources for people who want to file small claims as well as standardized forms.Small claims are heard by the District Court using a simplified procedure with less formal rules than you would find if you filed a regular civil suit, all designed so that you can file the lawsuit yourself without having to hire an attorney.
Step 1: Have a conversation with someone.
Before you file a lawsuit, try talking to the person you have a problem with and see if you can compromise.Write down details of how much money you believe the person owes you and why before you sit down.Try not to act angry or aggressive when you meet.Explain that you don't know the answer and you will get back to him.When you will get the answer, give a specific date.Try to leave him with the impression that it's not a personal issue and you're not mad at him, you just believe he is responsible for your losses due to his actions.
Step 2: Attach a demand letter.
Explain your position and your claims in a written demand letter.The dispute should be described in clear, concise terms.If you can't agree on the amount you are owed, you may be able to get him to agree about the circumstances that led to the dispute.If you think he owes you money, give him an exact deadline to respond.
Step 3: Work with an individual.
If you don't want to file a lawsuit, you could use mediation or another form of dispute resolution.A trial in small claims court can be less expensive and take less time than mediation.If you want to retain a good relationship or even a friendship after the dispute is resolved, mediation may be better for you.
Step 4: Small claims can be tried as confirm your claim.
If you only want to make a simple claim for monetary damages, you can't use the small claims process.The small claims courts only deal with money damages.You can't use small claims court if you want the court to order the other person to return your property.Small claims court is a simplified process that does not involve discovery.Small claims court cannot be used if you don't have all the evidence you need to prove your case.
Step 5: Take into account your odds of success.
Before you file a small claims lawsuit, try to figure out if it will be worth the time and money in the end.The person who has the burden of proving each aspect of their claim is the one who initiated the lawsuit.It is more likely that the defendants harmed you and owe you monetary damages if you have enough evidence.You may not benefit from filing a small claims lawsuit if you don't have a lot of evidence.
Step 6: There is a court that has proper jurisdiction.
The District Court can't hear your claim unless it has power over the subject matter of the case.The District Court in the county where the events took place that gave rise to your claim is the most likely place to file your lawsuit.
Step 7: The statute of limitations may be missed.
You can't file a lawsuit after the statute of limitations has expired.There is a statute of limitations.You can't file a lawsuit against the person if the period of time has ended.The statute of limitations in Maryland is three years.If you were involved in a car wreck with another driver in 2005, you wouldn't be able to file a lawsuit against the person in Maryland who caused the wreck in 2015.
Step 8: Your complaint form needs to be completed.
If you're happy with everything else, you can fill out the standardized form from the court clerk.The complaint form tells the court who you're filing the lawsuit against and how much money you want.Instructions for filling out the complaint form can be found in the Maryland Courts.If there are any areas of the form that you don't understand, look over it and read the instructions.Make sure you have the correct legal name for the person or business you're suing.Your case may be delayed or even dismissed if you don't have the correct name.If you don't know the type of business or its formal name, check the online database to find out.
Step 9: You can sign the complaint form.
You're ready to sign it if you include everything you believe is necessary for the judge to know.The court won't hear your case until you sign your complaint form.Underneath your signature, there is space for you to write your contact information.Attach any documents that support your argument in your complaint.Since the court will keep the originals, make copies of the documents instead of attaching them.Attach a copy of the written contract between you and your neighbor to your complaint if you're filing a small claims suit.
Step 10: Copies of your paperwork are required.
You should make at least one copy of all the documents you file with the court for your own records, as well as copies to serve on the person you're suing.The original will be kept for the court when you file your complaint.
Step 11: You should file your paperwork with the clerk of courts.
If you want to start your lawsuit, take your originals and copies to the clerk.To have your papers filed with the court, you have to pay a filing fee.There is a fee to start a small claim action.The clerk's office may assess other fees, such as for copies or for service of process, in addition to the filing fee.
Step 12: You can have the other side serve you with your complaint.
The person you're suing must be legally served so he knows about the lawsuit.The clerk will issue a writ of summons to the person being sued.You must serve this summons with a copy of your complaint form and any exhibits to the complaint that you also filed.
Step 13: The proof of service needs to be filed with the clerk.
After the person you're suing has been served, the court requires a form to be filed as proof that he knew about the lawsuit.The clerk will schedule a hearing once the court receives proof of service.
Step 14: Wait for the other side's response.
The person you're suing may respond to your lawsuit in a number of different ways after service is complete.The notice of intent to defend has 15 days to be filed.The court knows that the defendants will be contesting your claim.If a notice is filed, the court will notify you.The judge reviews your complaint and attached documents if the defendants don't file a notice within 15 days.The judge will issue an affidavit judgment without trial if she believes the attached documents prove your case.Section 4 of the Complaint form is required if you want to be eligible for an affidavit judgment.The defendants may try to negotiate a settlement with you.He may have thought your previous statements were threats.He may be more willing to consider a settlement now that you have done it.On the other hand, you may be sued by the person who claims you owe them something.If he ignores your complaint, and you haven't filled out the portion of the complaint dealing with an affidavit judgment, you'll have to wait for the date of your hearing and see if he shows up.The judge can award you a default judgment if he doesn't show up.
Step 15: Take evidence and witnesses.
Make sure your witnesses are available on your court date if you plan on calling them to testify for you.Make sure your witnesses understand what they need to do and practice questions with them.Emphasize to them that they need to be honest in their answers because they are under oath, but they should say as little as possible and not volunteer more information than is necessary to answer the question.If you plan to present any documents or exhibits, organize them in a way that makes sense to you, and label them carefully so that you can find what you need quickly without a lot of shuffling and digging through loose papers.
Step 16: Prepare for your court appearance.
Before your court date, review your evidence and outline your argument.Make sure you know when and where you need to be for your hearing since it is your claim.The court will dismiss your case if you don't show up.Practice your opening and closing statements in the mirror.The judge decides the case based on the evidence you give him, so make sure you know your case inside and out.
Step 17: Consider speaking with an attorney.
Even if you can't afford an attorney, you might want one to look over your argument and give you pointers.If you have a more complex claim, or if the defendants have filed counterclaims against you, an attorney may be helpful.