BY
There are certain situations where it just doesn't make sense to have an attorney go with you to court. An example: you lend a friend $250.00. You get a receipt for the loan and a written promise from your friend to pay the loan back in four months. Your friend refuses to pay the money back and your only recourse is to go to court. A lawyer will charge you one third to help you, if you can find a lawyer to handle this "small" matter. What can you do?
The Maryland District Court is designed to encourage an individual to represent himself in matters of "small" claims. This is done by simply filing the pleadings (forms you fill out to start a lawsuit) and relaxing the rules of evidence (the formal procedure of conduct in a court room).
A small claim is one where the amount in dispute is $5,000.00 or less. To file a small claim go to the District Court located nearest you and ask the Clerk for the small claims form. You will need to know your friend's, now called the Defendant, correct name, address and zip code. You will be asked to write a short statement (so everyone knows exactly what you are suing for) and the amount of damages you seek (in this case $250.00).
The Defendant will be sent a copy of the lawsuit and a hearing date will be set within 60 days of the filing. At the hearing you will tell the judge, in your own words, why you are owed the money and the Defendant will be given a chance to give the reason why he has not paid. The Judge will make an immediate ruling and if you prevail order the Defendant to repay the money plus court costs.
The Clerks in the District can be very helpful in the filling out of the forms. And the judge is more patient in listening to this type of lawsuit.
Should you have a claim that is more than "small"
please
e-mail
me for a free consultation.