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Maryland Small Claims Court

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Statues: Maryland Courts and Judicial Proceedings, Title 4, Subtitle 4, Section 405, Subtitle 6, Section 403; Maryland Rules of Civil Procedure, Title 3, Ch. 700, Section 01, Title 7, Ch. 100, Sections 04, 12.

Dollar Limit:: $5,000. Where To Sue: Where defendant resides, has regular business or is employed, or where injury occurred. To recover personal property Where property is. Nonresident individual defendants Any county. Corporation resides where principal office is. Nonresident corporate defendants Where plaintiff resides.

Service: Certified Mail, sheriff or non-party adult (May be an attorney for a party). If refused, clerk remails and service is presumed.

Hearing Date: Set by court; at least 60 days from filing of complaint (90 days for out-of-state defendants).

Attorneys: Allowed.

Transfer: If either side counterclaims for more than $2,500 or if defendant requests jury trial, case tried under regular civil procedure of Court.

Appeals: By either side for new trial; to Circuit Court within 30 days.

Special Provisions: No equitable relief. No discovery. Jury trials not allowed.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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September 5 2008

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