Are there any special rules or procedures I need to know when filing a claim in small claims court?
When filing a claim in small claims court in Maryland, there are a few special rules and procedures that should be taken into consideration. First, the person filing the claim, known as the plaintiff, must file the complaint in the county in which the defendant lives. The plaintiff must also provide a printed copy of the complaint to the defendants named in the claim. The plaintiff must also include the amount of damages they are seeking in the complaint. The defendant must then be served with a copy of the complaint at least five days before the court hearing. The plaintiff may choose to have the papers delivered by certified mail, sheriff, using a private process server, or by publishing them in a legal newspaper. The court then sets a hearing date and orders the plaintiff to notify the defendant of the date. Both parties must be present and have the ability to question witnesses and present evidence in the case. Before the hearing, both parties are required to fill out an affidavit of their facts and claims and file it with the court. After the hearing, the court makes a decision based on the evidence and testimony presented. If the plaintiff wins, they must wait for the defendant to pay the amount of damages awarded. If the defendant fails to pay, the plaintiff can ask the court to order other ways to collect the money, such as a garnishment of wages. These are the special rules and procedures to be aware of when filing a claim in small claims court in Maryland. Following these steps properly will ensure that the process is done efficiently and in accordance with the law.
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