Legal Question in Civil Litigation in Maryland
Small Claims Court
I am not sure what category of law it is, but I would like to know how I take someone to small claims court (Approx. $20,000). Also, can I do this without a lawyer? The person who owes me the money does not have any property or income (that he reports) to garnish. How can I collect? Any advice you can provide would be great. Thank you.
2 Answers from Attorneys
Re: Small Claims Court
Maryland's small claims jurisdiction is for cases under $5000, not $2500 as you were previously advised by another attorney. Still, that's a lot less than the amount you're seeking. You can still sue in the District Court of Maryland, but you'll need to be able to comply with the rules of evidence to prove your case if the person you are suing contests the case. Since he claims to be "judgment proof", it's unlikely he'll contest your suit, so getting the judgment will be relatively easy. If he's unemployed and doesn't have a financial account of some kind, it will be very difficult to collect.
Re: Small Claims Court
Your initial question inquires about small claims jurisdiction which is limited in Maryland to $2,500.00 (two thousand five hundred).
Second you ask about general jurisdiction. Your action is for $20,000.00 (twenty thousand). District court has jusridiction for amounts under $25,000.00 (twenty five thousand). If the amount claimed is in excess of $10,000.00 (ten thousand) then a right exists to demand a jury trial by either party.
Ultimately your matter appears to involve two actions. One for a judgment if you do not already have one. Another for collection.
Contact an attorney. (410) 799-9002