Small claims in Maryland.
Maryland's small claims court offers a simplified process for claims up to $5,000, with informal procedures and expedited timelines.
- Most you can sue for$5,000Same cap for individuals and businesses
- Filing fee$34-$51Varies by claim amount
- CourtDistrict Court (small claims docket)
- Lawyers at trialAllowedPermitted but not required
- Appeal window30 daysTrial de novo in circuit court
- Recent change—No major changes in the last 3 years
Find your situation.
Maryland small claims handles money disputes up to $5,000 (or $5,000 if you're a business). Browse 7 categories and 39 specific claim types below.
Maryland allows you 3 years to file claims related to contracts and debts. This includes written and oral agreements, personal loans, and unpaid invoices.
Wrong court for these12 situations small claims can’t handle
Eviction (unlawful detainer)
Eviction cases are handled separately from small claims and have specific procedures.
Try instead: District Court landlord-tenant process
Title to real estate
Disputes involving ownership of real estate are beyond the jurisdiction of small claims court.
Try instead: Circuit Court
Defamation
Claims involving defamation require more formal procedures and are not suitable for small claims court.
Try instead: Circuit Court
Malpractice
Professional malpractice claims are complex and exceed the jurisdiction of small claims court.
Try instead: Circuit Court
Family law matters
Issues such as divorce, child custody, and support are handled by family courts.
Try instead: Family Division of Circuit Court
Probate matters
Estate and will disputes are managed by probate courts.
Try instead: Orphans' Court
Federal claims
Claims against the federal government are outside the jurisdiction of state courts.
Try instead: Federal District Court
Class actions
Class action lawsuits are complex and not suitable for small claims court.
Try instead: Circuit Court
Injunctions/specific performance
Small claims court cannot issue orders requiring someone to do or stop doing something.
Try instead: Circuit Court
Workers' compensation
Claims for workplace injuries are handled by the Workers' Compensation Commission.
Try instead: Maryland Workers' Compensation Commission
Mandatory arbitration disputes
Disputes subject to mandatory arbitration clauses are not handled in small claims court.
Try instead: Arbitration panel or Circuit Court
Suing a deceased person
Claims against deceased individuals must be filed against their estate.
Try instead: Orphans' Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the District Court of Maryland. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fees and reasonable service costs are added to the judgment.
E-filing in Maryland: E-filing availability varies by county; check with the local District Court for specific information.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 30 days before the hearing (in the same county) or 60 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff or constable personally hands the papers to the defendant.
- Certified mail. Court clerk sends documents via certified mail to the defendant.
- Private process server. A private individual or company delivers the documents to the defendant.
File the proof of service (DC-CV-002) at least 10 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, you may request alternative service methods, such as posting or publication, with court approval.
If the defendant is evading service, document your attempts and request alternative service methods from the court.
Show up to the hearing
Bench trial with informal procedures; each side presents their case directly to the judge.
Lawyers at trial: Allowed. Parties may choose to be represented by an attorney, but it is not required.
When you’ll get the decision: On the spot or mailed within 30 days
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant does not respond or appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even in default cases, the plaintiff must provide evidence to support the claim before a judgment is entered.
If you’re the defendant being sued
Defendants are encouraged to file a Notice of Intention to Defend within 15 days of service to contest the claim.
Counter-suing the plaintiff: Allowed using DC-CV-040 (Counterclaim). Serve the plaintiff at least 15 days before trial (same county) or 30 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds $5,000, the case may be transferred to the Circuit Court. Md. Code Cts. & Jud. Proc. § 4-402
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 10% interest per year while unpaid.
Wage garnishment
Have a portion of the debtor's wages withheld until the judgment is paid.
How it works
File a Request for Writ of Garnishment of Wages (DC-CV-065) with the court. Once issued, serve the writ on the debtor's employer, who will withhold a portion of the debtor's wages and remit them to the court until the judgment is satisfied.
Cost: $30 plus service fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- 75% of disposable earnings per week or 30 times the federal minimum hourly wage, whichever is greater.
Bank account garnishment
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
File a Request for Writ of Garnishment of Property (DC-CV-060) with the court. Once issued, serve the writ on the debtor's bank, which will freeze the account up to the amount of the judgment. The bank will then remit the funds to the court.
Cost: $30 plus service fees
Notes: Effective if the debtor has sufficient funds in the account; joint accounts may present challenges.
What’s protected:
- $6,000 in a bank account is exempt from garnishment.
Lien on real property
Place a lien on the debtor's real property to secure the judgment debt.
How it works
File a Notice of Lien (DC-CV-035) with the court. Once recorded, the lien attaches to the debtor's real property, potentially preventing its sale or refinancing until the judgment is satisfied.
Cost: $20 plus recording fees
Notes: Effective in securing the debt, but may not result in immediate payment unless the property is sold or refinanced.
What’s protected:
- Homestead exemption up to $25,150.
Writ of execution
Seize and sell the debtor's non-exempt personal property to satisfy the judgment.
How it works
File a Request for Writ of Execution (DC-CV-040) with the court. Once issued, the sheriff will seize the debtor's non-exempt property and sell it at public auction, applying the proceeds to the judgment.
Cost: $40 plus sheriff's fees
Notes: Effective if the debtor owns valuable non-exempt property; process can be time-consuming.
What’s protected:
- Personal property up to $5,000 is exempt from execution.
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order in which liens are recorded.
Can you appeal if you lose?
either
- Deadline: 30 days from the judgment notice.
- Filing fee: $10.
- Form: DC-CV-037 — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The case is retried in the Circuit Court as if the original trial had not occurred.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: Suing the wrong party or using incorrect names can result in dismissal or unenforceable judgments.
How to avoid it: Verify the exact legal name and address of the defendant before filing; for businesses, check the State Department of Assessments and Taxation records.
Missing statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of your case.
How to avoid it: Confirm the applicable statute of limitations for your claim type and file within the allowed time frame.
Improper service of process
What goes wrong: Failure to properly serve the defendant can delay your case or result in dismissal.
How to avoid it: Follow Maryland's rules for service of process carefully, using authorized methods and documenting service properly.
Insufficient evidence
What goes wrong: Lack of evidence can lead to losing your case, even if your claim is valid.
How to avoid it: Gather all relevant documents, photos, and witness statements before filing and bring them to court.
Ignoring counterclaims
What goes wrong: If the defendant files a counterclaim and you don't respond, you could lose by default.
How to avoid it: Respond promptly to any counterclaims and prepare your defense accordingly.
Overlooking collection challenges
What goes wrong: Winning a judgment doesn't guarantee payment; collection can be difficult.
How to avoid it: Before filing, consider the defendant's ability to pay and be prepared to take additional steps to collect if necessary.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources12 citations and statutes
- Maryland Judiciary - Small Claims
- Md. Code Cts. & Jud. Proc. § 4-405Md. Code Cts. & Jud. Proc. § 4-405
- Md. Code Cts. & Jud. Proc. § 5-101Md. Code Cts. & Jud. Proc. § 5-101
- Md. Code Cts. & Jud. Proc. § 7-301Md. Code Cts. & Jud. Proc. § 7-301
- Md. Code Cts. & Jud. Proc. § 12-401Md. Code Cts. & Jud. Proc. § 12-401
- Md. Code Com. Law § 15-802Md. Code Com. Law § 15-802
- Md. Code Real Prop. § 8-203Md. Code Real Prop. § 8-203
- Md. Code Lab. & Empl. § 3-505Md. Code Lab. & Empl. § 3-505
- Md. Code Com. Law § 13-101 et seq.Md. Code Com. Law § 13-101 et seq.
- Md. Code Cts. & Jud. Proc. § 4-401Md. Code Cts. & Jud. Proc. § 4-401
- Maryland Rules Rule 3-121Maryland Rules Rule 3-121
- Maryland Court Forms
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.