There is an old saying that a lawyer who represents himself in court has a fool for a client, and lawyers themselves expand that thought to include non-lawyers who go to court without an attorney. Judges and trial lawyers suggest that in any serious criminal, traffic or civil matter it is a bad idea to act as one’s own attorney, just like it is a bad idea for a non-dentist to pull a tooth or a non-surgeon to take out an appendix. The Maryland court system recognizes, however, that there are disputes over amounts of money that would be eaten up if a lawyer handled the case, and thus we have Small Claims Court.
The District Court of Maryland is the only court in Maryland where small claims cases can be filed. The maximum amount in dispute that is subject to the small claims rules is now $5,000, a not inconsiderable sum to most of us which may make it worthwhile to have legal counsel. However, there are many small claims cases filed over amounts far less than $1,000, where the principal of the thing is important enough to pursue it, but not if legal fees would exceed the potential recovery.
Non-lawyers who intend to represent themselves in Small Claims court need to know the process and the rules if they are to have any hope of success. The District Court has a web site, www.courts.state.md.us/district which can help, but in a nutshell here is how the process works. In Montgomery County, cases are heard at the District Court in Rockville, or in the new courthouse which is just opening in Silver Spring, only on Wednesdays unless the case is unusually complex and the court specially sets it on another day upon written request. The plaintiff starts by filing a Complaint, on a preprinted form supplied by the court, which identifies the parties’ information, sets forth the plaintiff’s contentions, and the amount claimed.
If the dispute is over an amount certain, like a loan or contract amount that was unpaid, the plaintiff should fill out the Application and Affidavit for Summary Judgment on the form, attaching supporting documentation for the debt. This may help avoid a trip to court if the defendant who is served with the suit fails to defend the case, and the court accepts the affidavit as proof of the claim. The filing fee for the Complaint is still only ten dollars, plus thirty dollars per defendant if you want the sheriff to serve the suit papers.
You must get service on the defendant to go forward, and if you obtain service yourself (for example by mail with a return receipt) you have to file proof of service in writing with the court. The defendant who is served must file a form Notice of Intention to Defend within fifteen days of service (sixty days for out of state defendants), and then appear for trial to contest the case. Trial dates are usually within about three months of the date the Complaint is filed. The defendant may also file a counter-claim, alleging that you actually owe her money.
There is no discovery process in small claims cases unless the court grants permission upon request, so the litigants must show up at trial without having gotten written questions answered or statements taken under oath from their opponent. The docket will have numerous cases set, sometimes more than the judge can possibly hear in the time allotted. The court therefore strongly encourages parties to settle their case before coming to trial, and if they cannot, will often have a mediator available to try to settle their differences. Cases that do not settle are likely to leave one party, or sometimes both, very unhappy if the judge at trial does not see things your way.
Like any court case, in addition to good facts and proper legal arguments, the key to success is preparation. You must be able to speak well enough to explain your case, and have the evidence to prove it. The strict legal rules of evidence do not apply in Small Claims court, but the judge will use fundamental fairness to decide whether to hear evidence about what someone else said or what documents to receive. If particular documents or witnesses are critical to your case, bring them to Court with you.
Remember that as important as your case is to you, the judge’s job is to get through all of the cases on her docket if possible. Every District Court judge dreads seeing a “pro se” (non-lawyer) litigant stand up with a series of charts and graphs, a stack of disorganized papers, or a parade of witnesses to repeat the same thing. The judge will appreciate getting to the point more than anything, so be prepared, have your documents organized, and your witnesses and your story ready. Be well dressed, don’t chew gum, turn off your cell phone, and be brief.
Even if you get a judgment against the defendant, the court does not issue you a check-you still have to collect the money from the defendant. The defendant has thirty days to appeal to the Circuit Court, where she gets a whole new trial without regard to who won the first time. If there is no appeal and yet no payment, the court has procedures to use to get information about defendant’s assets, but it can be very difficult to collect on a judgment from a debtor who just won’t pay. This should encourage anyone who wants to file a small claims case to consider settlement, lest you end up a fool in the end anyway.