#MARYLAND EASY PASS TRIAL#

The resident agent should not be listed as the defendant. A resident agent is the only person (or company) that can accept service of your court papers on behalf of a corporate defendant. State law requires corporations and/or limited liability companies (LLCs) to appoint a resident agent. If SDAT does have a listing of the company, it will also have a listing of the person or company authorized to accept service of suit papers, called the resident agent. To find the full, formal name of a Maryland corporation, check the State Department of Assessments and Taxation (SDAT) website, Resident Agent Be warned, however, that any of these places may display the trade name (“Don’s Clocks” for example) as opposed to the full, formal corporate name. Always put the full, formal business name on the Complaint form, such as “John Debtor Enterprises, Inc.” or “Debtor and Son, Ltd.” Finding the correct name may be as easy as looking on a piece of stationery, a check the defendant may have given you, or the sign on the front of the defendant’s office.

In this case, you would name both Barbara Jones and Barbara’s Cleaning Services, Inc. For example, Barbara Jones may sign personally to guarantee payment for products bought by Barbara’s Cleaning Services, Inc. The defendant is not the company’s manager or even its president, but the company itself, unless someone personally guaranteed the debt for the company. When you are suing a company, naming the defendant can be complicated. If the defendant is under 18, or is older than 18 but has a legal guardian, the defendant may in fact be the debtor’s parent or guardian or anyone else who gives care or has custody of the person or estate. Suing an IndividualĪn individual must be at least 18 years old to be named as a defendant. One of the most challenging parts of filing a small claim is to make sure you sue the right person.

Proof of Service (DC-CV-002) is submitted to the court that the other side has been notified, or served.īe sure to name the correct defendant.

The court will issue a Writ of Summons to officially notify the other side (called “the defendant”) that a suit has been filed.

Check the District Court’s Civil Cost Schedule (DCA-109) for fees.

File a Complaint form (DC-CV-001) with the court.

There are four basic steps to starting a small claims case: For more information, see Mediation & ADR. The Maryland District Court operates a mediation program. If you want to appeal, the case will be reviewed “on the record” in either the Circuit Court (if your original case was in District Court) or in the Court of Special Appeals (if your original case was in Circuit Court).Ĭonsider Mediation Before Filing Your Claimsīoth parties in a dispute have the option of negotiating a settlement prior to going to court. You may try to negotiate on your own or seek the assistance of a mediator. You will have to present all your evidence and testimony again. If you want to appeal, the case will be retried in the Circuit Court.

#MARYLAND EASY PASS TRIAL#

Trial is normally set within 60 days of when the complaint was filed. You can use the formal “discovery” process to request the other side answer questions or provide you with certain information. You cannot use “discovery” to get information about the other side. Even if you do not have a lawyer, you must follow all the court rules. Rules and procedures are simpler and informal.įormal rules of evidence apply and the procedure is more complex.

You will need to pay for your own lawyer. Should I file in my case as a Small Claim or a regular Civil case? Here are some things to consider: Small Claims If your case meets all three of these conditions, you may file your case in District Court as a small claim. You are not planning to request any discovery such as interrogatories (written questions that the other side must answer under oath in writing, before trial).Your claim is for money only, not the return of property or performance of a service and,.To be tried as a small claim in District Court, your case must meet the following conditions: While you can hire a lawyer if you choose, the rules of evidence and procedure in small claims cases are simplified to make it easier to represent yourself. Small claims are handled less formally than other cases.

Maryland easy pass