What defenses can the other party raise in small claims court?

In Maryland small claims court, the other party may raise a variety of defenses to the claim. Generally, these defenses are divided into two categories: legal and equitable defenses. Legal defenses are based upon the law rather than the facts of the case and can include things like statute of limitations, lack of jurisdiction or an invalid contract. Statute of limitations is a defense that states a claim must be brought within a certain time period or it is barred from being brought in court. Lack of jurisdiction is a defense that states a small claims court does not have the authority to hear the dispute. And invalid contract means that the agreement between the parties is not legal or enforceable. Equitable defenses are based on the facts of the case, rather than the law. Some common equitable defenses include fraud, mistake, or duress. Fraud is a defense that states the other party made false or misleading statements in order to get the plaintiff to enter into the agreement. Mistake is a defense stating that an unintentional and mutual error was made in the agreement. And duress is a defense that states the plaintiff was forced into the agreement by threats of harm or violence. In order for the other party to successfully raise any of these defenses, they must present evidence to the court to support their argument. The court will then decide which defenses are applicable to the case and if the party has successfully shown enough evidence to make their defense.

Related FAQs

How do I prepare for a small claims court hearing?
Is it necessary to have a lawyer to represent me in small claims court?
How can I find out if my small claims court case has been decided?
Are there limits on the types of disputes that can be heard in small claims court?
Can I withdraw my small claims court case after it has been filed?
How do I collect a small claims court judgment from a business?
Can I request a change of venue in a small claims court case?
What is the process for collecting a judgment from an out-of-state party in small claims court?
What is the process for obtaining a garnishment order in a small claims court case?
Can I get a restraining order in a small claims court case?

What defenses can the other party raise in small claims court?

Related FAQs

Related Blog Posts