How to file a small claims case in Maryland, step by step
Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
Before you file
1–3 weeks before filing
Maryland doesn't require a demand letter before filing small claims, but asking for payment first is wise.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Maryland you can sue for up to $5,000 in the District Court of Maryland (small claims).
Run the 60-second case check to see the last day you can file.
- Your full name, address and phone
- The defendant's exact legal name and a street address where they can be served (not a P.O. box)
- The amount you're asking for and how you got that number
- The date the problem happened
- A short plain description of what happened
- Proof you asked for payment, if you did
Name the business itself by its full legal name, not a manager or officer, and serve its resident agent.
Search: Maryland SDAT Business Entity Search.
- The contract, lease, invoice or receipt
- Photos of the damage, dated if possible
- Texts, emails and letters with the other side
- Two written repair estimates or proof of what you paid
- Your demand letter and proof it was sent
- Names and contact details of any witnesses
Fill in the claim
1–2 evenings
DC-CV-001: Complaint / Application and Affidavit in Support of Judgment. Get the form.
- Who: you and the defendant, with full legal names and addresses
- What: the agreement or event, in 2–4 plain sentences
- When: the date it happened
- How much: the exact amount (no more than $5,000) and how you calculated it
- What you did: when you asked for payment and their response
Sign the complaint; no notary is needed. You must also say whether the defendant is in the military.
If you print the form yourself, bring at least four copies plus copies of any attachments.
File and pay
Filing day
Choose how you'll file:
The District Court in the county where the defendant lives, works or regularly does business. A company with no main office in Maryland can be sued where you live.
$44 to file. Service is extra: $20 per defendant if the clerk mails it, or $60 per defendant by the sheriff or constable. Can't afford it? Ask for a fee waiver: Request for Waiver of Prepaid Costs (form DC-CV-097).
The clerk issues a summons with the trial date and sends it out for the service method you chose.
Serve the defendant
Right after filing
Choose service by the clerk (certified mail, restricted delivery), the sheriff or constable, or a private process server or any adult who isn't part of the case, who must then file an affidavit of service.
After being served, the defendant has 15 days to file a Notice of Intention to Defend.
Affidavit of service
If a private process server or another adult delivers the papers, they file an affidavit of service. The clerk or sheriff handles proof for mail or sheriff service.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
Before the hearing
1–4 weeks before
The defendant must file a Notice of Intention to Defend within 15 days of service. A counterclaim is usually due 10 days after that.
If you settle, tell the clerk in writing so the case can be dismissed or a consent judgment entered.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk to issue a witness subpoena; the sheriff can serve it for a fee.
- Three copies of every document: for you, the judge and the defendant
- A one-page timeline of what happened, with dates
- A short sheet showing how you calculated the amount
- Photos printed or ready on your phone (ask the clerk if screens are allowed)
The hearing
Hearing day
- Small claims are heard on set days, so check your summons for the exact time and place
- Arrive 30 minutes early and check in with the clerk or bailiff
- Bring three copies of every document and your evidence in date order
- Bring your witnesses, or a subpoena if they won't come voluntarily
- Turn your phone to silent; dress neatly
- Who you are and what you're asking for: the amount.
- What the agreement or situation was.
- What went wrong, with dates.
- What it cost you and how you calculated it, showing your documents.
- That you asked for payment and what they said.
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't file a notice or come to trial, you can ask for a default judgment. If you don't come, your case can be dismissed.
After the judgment
Weeks to months
Either side can file a motion for a new trial within 10 days, or appeal to the Circuit Court within 30 days. The appeal is a brand-new trial before a different judge. The appeal costs $10 plus $165 paid to the Circuit Court.
The court doesn't collect for you. If they don't pay, you can garnish wages or a bank account, or record a lien on real estate.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.