What are Maryland Small Claims Cases and Class Action Lawsuits?

Small claims in Maryland are simple cases that do not involve large amounts of money or any complex issues. They are cases used to request compensation for contract disputes or breach of contracts such as faulty products, poor service, rent arrears, etc. These cases are addressed in the small claims court of the District Court of Maryland. The Maryland Judiciary handles these cases less formally than other cases in the state. As a result, most small claims cases can be resolved out of court, and when in court, the plaintiff may not require legal representation.

Class action lawsuits involve entities being sued by a group of individuals that have been harmed by the action of the corporation, business, or individual. In this case, the group of individuals that initiate the case are the plaintiffs, and the entity being sued is the defendant. Class action lawsuits are more complicated than small claims; hence, they usually require legal representation.

According to state laws, these cases must be filed within three years after damage or injury occurred.

What is a Class Action Lawsuit in Maryland?

Class action civil cases in Maryland are governed by Rule 2–231 of the Maryland court rules. Class action lawsuits in Maryland are legal actions that allow a group of individuals that have suffered similar damages to sue an individual, business, company, or organization. This lawsuit is a powerful legal tool that allows affected individuals to enforce the law against larger entities. Generally, class-action cases in Maryland are usually associated with issues such as defective products, consumer fraud, employment, and corporate misconduct, false advertising, environmental liability, etc.

Typically, filing a class-action suit in Maryland is applicable and useful when there are numerous claims against an entity-thereby making it impractical to file individual/single part suits or claims against the entity. This lawsuit is usually more efficient and significantly cost-effective than single party lawsuits or individual claims.

How do I File a Claim in a Maryland Small Claims Court?

Before filing a small claims case, a plaintiff may consider mediation to resolve the case out of court. If this method does not yield the desired results, the plaintiff may file a lawsuit in the District Court. The claim must fulfill the following conditions:

• The amount in dispute must be $5,000 or less
• The claim must be for monetary damages or monetary compensation and not for retrieving properties or services.
• The plaintiff must not request interrogatories or discoveries that require the defendant to answer written questions under oath.

If these conditions are met, then the plaintiff can file the small claim in the district court.

Filing

To file the claim, the plaintiff must:

• Complete the complaint form, which is obtainable from the court clerk’s office. The individual must ensure to name the correct defendant to avoid suing the wrong entity.
• Pay the filing fee (DCA–109).

Eventually, the court will notify the defendant that the claim has been filed by issuing a Writ of Summon. After the defendant is served, the proof of service must be submitted to the court

If the plaintiff is suing an individual, it is essential to note that the claim is only valid if the defendant is at least 18 years old. If the defendant is not up to 18 years, then the individual’s legal guardian or parent can be named as the defendant.

If the defendant is a company, the company name is to be listed as the defendant, not the company’s manager. Hence, the plaintiff must name the full company or legal business name in the complaint form. The plaintiff may check the State Department of Assessments and Taxation (SDAT) website for any Maryland Corporation’s formal name. The website will also list the company’s resident agent who is authorized to receive lawsuit papers. However, this individual must not be listed as the defendant; only the company name and address are required. On the proof of service document, the plaintiff may list the resident agent’s name and address.

Service

After the court issues a Writ of summons that contains the case number and trial date, the plaintiff must serve a copy on the defendant along with a copy of the complaint form and other required documents. The documents can be delivered via certified mail or through the sheriff.

After receiving the Writ of Summons, the defendant may file a Notice of Intention to Defend, and the plaintiff will be notified. This allows the defendant to explain the dispute from their perspective. The court will notify the plaintiff of this action with a notice. The notice will contain the defendant’s contradictory claim and reasons for the dispute if any. Eventually, the court will set a trial date to examine both sides’ cases with evidence, exhibits, and witnesses if available. The trial is usually more informal than other trials, and the plaintiff may choose to self-represent.

Appeal

Finally, after trial, if the plaintiff is unsatisfied with the court’s ruling, they may file an appeal to the Circuit Court. During appeals, small claims cases in Maryland are usually heard “de novo.” That is, a new trial will be held, and there will be a new presentation of facts and witnesses if applicable.

Do I Need a Small Claims Lawyer?

Legal representation is not a requirement in small claims cases in Maryland. The state courts handle small claims cases less formally than other cases in the state. As a result, parties in the case can choose to self-represent because the rules of evidence and procedure in small claims cases within the state are considerably simplified to make it easier to represent oneself. However, it is advisable to seek legal advice before taking legal action.

Also, although legal representation is not a necessity, it may be imperative to seek one if,

• The claim involves personal injury or medical costs
• If traffic accidents caused the damages in the case
• If navigating the legal system alone is difficult

How do Class Action Lawsuits Work in Maryland?

A class-action lawsuit in Maryland starts with a complaint. This complaint is usually drafted by an initial or representative plaintiff that represents everyone’s interests in the class. It will contain details of their claims and the information of every individual who has suffered similar damages or injuries due to the defendant’s actions. The complaint must also state that the class contains many affected individuals, and individual litigation may be impractical.

The complaint will be reviewed by the court to determine eligibility for certification. The court determines this by reviewing certain factors before granting approval and certification:

• If the individuals or plaintiffs in the class share similar damages or legal issues
• If the law firm representing the class is capable of representing the interests of the class
• If there are enough affected individuals to warrant a class action.
• If the claims of the representative plaintiff adequately represent the entire class.

Additionally, the judge must also determine if the class action is in the interest and pursuit of justice. The similarities and common goals of parties in the class must also outweigh any differences they have.

After certification is granted and the defendant is served, a trial date is chosen. For the trial, parties in the class are advised to build a solid case with evidence such as eyewitness testimonies.

Is a Class Action Better Than a Single Party Suit?

The most efficient and practical type of lawsuit depends on the circumstances surrounding a case; therefore, class action suits can be beneficial in the right kind of situations. Class action lawsuits are usually initiated when single party claims are impractical and unadvisable. As a result, class action lawsuits are typically used in scenarios where a large group of individuals have suffered injuries, and they seek compensation regardless of if their individual claims are relatively little.

Also, depending on the type of case, a single party suit may be expensive and financially prohibitive to the plaintiff. In this case, a class-action lawsuit allows every member of the class to pool resources to settle any financial requirements. Class action lawsuits are also beneficial to the courts. If every individual in a class decided to file separate and single party lawsuits for similar injuries, it could affect court schedules and disrupt the regular court programs and services.

Finally, due to the necessary approval and certification process, class action lawsuits ensure that the plaintiffs are adequately represented by experienced and competent law firms, which a single individual might have been unable to afford. However, in a class-action lawsuit, plaintiffs might be unable to file separate lawsuits later if they lose the case. Hence, it is essential to seek legal advice before joining a class action suit.

Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.

What Cases are Heard by Small Claims Courts in Maryland?

Typical lawsuits may be filed in small claims court in the District Court are usually cases that require monetary compensation of $5,000 or less. These typically include issues of;

• Unpaid invoices
• Breach of contract claims involving monetary disputes
• Landlord and tenant disputes such as claims of unpaid rent
• Compensation for faulty goods and services