Rules of Procedure

• Most people represent themselves (which is known as pro se representation) in small claims court. The Maryland Rules of Procedure and Evidence are, therefore, simplified to make the court more accessible to the average citizen who has not had legal training. The person bringing the claim, or the plaintiff, still has the burden of proving the allegations against the defendant in court. The parties can still present evidence such as contracts, witnesses, letters, invoices or estimates.
  
  

Criteria

• In order for a case to qualify to be heard in small claims court in Maryland the claim must be only for money and for less than $5,000. Small claims court does not permit the parties to request discovery, which is the request of information from the opposing party that must be answered under oath.
  
  

Recovery

• In addition to any money owed that the plaintiff can establish, the defendant may also be held liable in small claims court of bounced check fees, court costs and attorney fees if applicable. The plaintiff cannot recover for the time he spends preparing for the case or compensation for the inconvenience of having to file a claim.
  
  

Claims

• There are several different types of claims that can be brought against an individual or business entity in small claims court. For example, breach of contract involves nonpayment of money owed or nonperformance of contract; tort cases involve harm that results in monetary damages; replevin cases involve the return of property and possible damage to the property; and detinue cases seek the return of property or the value of the property.
  
  

Counterclaims

• Once an individual files a claim against a defendant and the defendant is properly served, the defendant may attempt to negotiate a settlement or file a counterclaim against the plaintiff. If a counterclaim is filed, the defendant then has the burden of proving the allegations in the counterclaim and supporting any claims with evidence.
  
  

Collecting

• Once a party has been awarded monetary damages by a small claims court, the individual is responsible for collecting the money. The court will not collect the money for the party. If the party that is required to pay refuses to do so, the party who has a judgment establishing a monetary award may have to seek wage garnishment.