Legal Question in Real Estate Law in Maryland

Re: legal strategy small claims vs. district court strategy

Your question indicates that the amount of your claim is $834.00. Assuming this is the maximum value of your compensatory damages, it sounds as if you would have better luck in a small claims proceeding (under $5,000 in Maryland).

The main reason is that in small claims court, the rules of evidence and procedure are relaxed, therefore if you make mistakes--which you will--it won't necessarily destroy your case. If you file as non-small claims, however, you must follow the formal rules of procedure and evidence. Failure to do so will mean you will lose your case. Since you are not a lawyer and do not know the rules of procedure or evidence, you will probably not be able to avoid dismissal of your case. Interrogatories might or might not be helpful, but you will probably not be allowed to obtain materials that are not directly relevant to your claim.

The only way you can get punitive damages is if you are able to prove that the defendant(s) acted with actual malice, and you must prove that by clear and convincing evidence. This is very difficult to prove. The mere fact that you were not paid does not prove actual malice.

In particular, from your question itself, I can see a legitimate defense which I would raise if I represented the defendants: the fact that you repaired the damage to your own unit, which you yourself indicated you did. If you were able to repair the damage to your own unit, then you may not be legally entitled to receive any share from the insurance payment. This would depend on the language of the insurance contract, your condo by-laws, and relevant applicable law.

Since it appears, even from your own question, that the defendants have a legitimate or at least arguable defense to payment of your claim (i.e. you fixed the damage yourself, so why is there a need to actually pay you anything?), and there is a duty not to pay out damage claims if such payments can be legitimately avoided, then it is hard to see a judge giving you punitive damages. There may be more facts which you haven't disclosed which could change this, however.

Most likely, if you went to small claims court and were able to establish your claim, you would probably be able to get, at the most, reimbursement for any cost of materials (e.g. things like drywall, paint, wallpaper, spackle) and possibly some compensation for your time--although this would be up to the judge. It is possible you might be legally entitled to the full $834.00 but this would depend on interpretation of the relevant documents.

Your best bet if you don't want to pay for an attorney is probably to sue for the $834. as a small claims action, then try to settle for some fraction of that amount. But, that's entirely up to you, of course.