Maryland Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Maryland: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Maryland
- Small claims limit
- $5,000, not counting interest, costs and recoverable attorney's fees. Small claims are for money only, not return of property or performance of a service. The District Court also has exclusive jurisdiction over landlord-tenant actions under Real Property §§ 8-401 and 8-402 where the rent claimed is $5,000 or less. Md. Code, Cts. & Jud. Proc. § 4-405
- Filing fee
- $44 for a new small claims contract or tort complaint (includes surcharges). A counterclaim, cross claim or third-party claim costs $18. Service is extra: $20 per defendant if mailed by the clerk, or $60 per defendant if served by the sheriff or constable. Fee waivers are available. District Court of Maryland Cost Schedule (DCA-109, Rev. 03/2026)
- Are lawyers allowed?
- Yes. A lawyer is not required, but either side may hire one at its own cost. Maryland Judiciary, Small Claims self-help page
- Appeals
- Either party may appeal to the circuit court within 30 days after the judgment (or after a ruling on a timely new-trial motion, which must be filed within 10 days). Small claims appeals ($5,000 or less) are heard de novo, meaning a completely new trial. The appeal fee is $175 ($10 to the District Court and $165 to the circuit court). Maryland Judiciary, Appeals and Motions After Trial in the District Court
Court: District Court of Maryland (small claims). Last verified: 2026-10-24.
How to file a small claims case in Maryland
- Try to resolve the dispute with a demand letter or free community mediation before filing.
- Fill out the Complaint (DC-CV-001), using the defendant's full legal name and address, and complete the affidavit section if you have documents that prove your claim.
- File in the District Court for the county where the defendant lives, works or does business, and pay the $44 filing fee plus service costs (or request a fee waiver).
- Have the Writ of Summons served by certified mail, private process or the sheriff/constable, and file proof of service and the military service affidavit.
- If you are the defendant and dispute the claim, file the Notice of Intention to Defend within 15 days of service (60 days if out of state or served through a resident agent).
- Attend the trial, normally set within 60 days of filing, with your documents and witnesses; free mediation may be offered that day.
- If you lose, you may appeal to the circuit court within 30 days for a new trial.
- If you win and are not paid, after about 10 days you may file a lien, garnishment or writ of execution.
Can you use small claims court?
| Small claims limit | $5,000, not counting interest, costs and recoverable attorney's fees. Small claims are for money only, not return of property or performance of a service. The District Court also has exclusive jurisdiction over landlord-tenant actions under Real Property §§ 8-401 and 8-402 where the rent claimed is $5,000 or less. Money-only scope from the Judiciary's small claims page: https://www.mdcourts.gov/legalhelp/smallclaims |
|---|---|
| Who can file | Individuals and businesses may file. An individual defendant must be at least 18; for a minor or a person with a guardian, a parent, guardian or custodian may need to be named. Businesses must be sued by their full formal name; corporations and LLCs are served through their resident agent. |
| Are lawyers allowed? | Yes. A lawyer is not required, but either side may hire one at its own cost. |
Filing your case
| Where to file | In the District Court for the county where the defendant lives, carries on regular business or is employed. |
|---|---|
| Official forms | Start a Maryland small claims case (money only, $5,000 or less) in District Court by filing the Complaint/Application and Affidavit in Support of Judgment (DC-CV-001) and paying the filing fee; the court then issues a writ of summons. The Judiciary also offers a Guide and File interview for small and large claims. |
| Filing fee | $44 for a new small claims contract or tort complaint (includes surcharges). A counterclaim, cross claim or third-party claim costs $18. Service is extra: $20 per defendant if mailed by the clerk, or $60 per defendant if served by the sheriff or constable. Fee waivers are available. Fee waiver information: https://www.mdcourts.gov/legalhelp/filingfeewaivers |
| Filing online | Yes. E-filing through MDEC is available in all Maryland jurisdictions and is optional for people without a lawyer. The Guide & File interview can help prepare a small claims complaint. |
| Serving the defendant | After filing, the court issues a Writ of Summons. The plaintiff chooses certified mail, private process by any adult who is not a party, or the sheriff (the constable in Baltimore County). Proof of service (DC-CV-002) must be filed in time, or the case may not go forward on the trial date. The plaintiff must also file a military service affidavit for a default or affidavit judgment. |
Before and at the hearing
| When the hearing happens | Trial is normally set within 60 days of when the complaint is filed. |
|---|---|
| Does the defendant file an answer? | To contest the claim, the defendant files the Notice of Intention to Defend (on the bottom of the Writ of Summons) within 15 days after being served, or 60 days for an out-of-state defendant or one with a resident agent. If no notice is filed and the plaintiff completed the affidavit section, the judge may enter an 'affidavit judgment' without a trial. |
| Counterclaims | The defendant may file a counterclaim against the plaintiff; the small claims counterclaim filing fee is $18. What happens when a counterclaim exceeds $5,000 is not addressed in these sources. |
| Mediation | Yes. The District Court ADR Office offers free mediation and settlement conferences in civil and landlord-tenant cases, on the day of trial or before trial, including remotely. Free community mediation is also available before filing. |
| Jury trial | No. A party may not demand a jury trial in a civil action where the amount in controversy is $25,000 or less, which includes every small claim. |
| Interpreters | Court interpreters are provided for litigants and witnesses in civil proceedings, paid for by the Administrative Office of the Courts. Submit a Request for Spoken Language Interpreter (CC-DC-041) to the court at least 30 days before the proceeding. |
After the decision
| Appeals | Either party may appeal to the circuit court within 30 days after the judgment (or after a ruling on a timely new-trial motion, which must be filed within 10 days). Small claims appeals ($5,000 or less) are heard de novo, meaning a completely new trial. The appeal fee is $175 ($10 to the District Court and $165 to the circuit court). |
|---|---|
| Collecting your judgment | The court does not collect the money. Usually after waiting 10 days, the winner can file a notice of lien (DC-CV-035), request garnishment of wages (DC-CV-065) or of bank accounts and other property (DC-CV-060), or request a writ of execution to seize personal property or real estate (DC-CV-040). Each request costs $10 plus any service fee. |
Deadline to sue
3 years for a civil action at law, including suits for unpaid rent or damages under a written or oral lease. 12 years if the lease is a contract under seal (a 'specialty'). Md. Code, Cts. & Jud. Proc. § 5-101; § 5-102(a)(5)
Official forms and help
Suing a landlord or tenant in Maryland
Small claims of $5,000 or less include rent and lease damage claims. Maryland also gives the District Court exclusive jurisdiction over failure-to-pay-rent and other landlord-tenant actions under Real Property §§ 8-401 and 8-402 where the rent claimed is $5,000 or less; those cases have their own filing fees and shorter appeal deadlines (4 days for failure to pay rent; 10 days for tenant holding over, breach of lease and wrongful detainer).
- Maryland security deposit demand letter (send before you sue)
- Maryland security deposit law
- Tenant lawyers and free legal aid in Maryland
Maryland small claims FAQ
What is the small claims limit in Maryland?
$5,000, not counting interest, costs and recoverable attorney's fees. Small claims are for money only, not return of property or performance of a service. The District Court also has exclusive jurisdiction over landlord-tenant actions under Real Property §§ 8-401 and 8-402 where the rent claimed is $5,000 or less.
Who can file a small claims case in Maryland?
Individuals and businesses may file. An individual defendant must be at least 18; for a minor or a person with a guardian, a parent, guardian or custodian may need to be named. Businesses must be sued by their full formal name; corporations and LLCs are served through their resident agent.
Can you bring a lawyer to small claims court in Maryland?
Yes. A lawyer is not required, but either side may hire one at its own cost.
Where do I file a small claims case in Maryland?
In the District Court for the county where the defendant lives, carries on regular business or is employed.
How much does it cost to file in small claims court in Maryland?
$44 for a new small claims contract or tort complaint (includes surcharges). A counterclaim, cross claim or third-party claim costs $18. Service is extra: $20 per defendant if mailed by the clerk, or $60 per defendant if served by the sheriff or constable. Fee waivers are available.
How do I serve the other side in a Maryland small claims case?
After filing, the court issues a Writ of Summons. The plaintiff chooses certified mail, private process by any adult who is not a party, or the sheriff (the constable in Baltimore County). Proof of service (DC-CV-002) must be filed in time, or the case may not go forward on the trial date. The plaintiff must also file a military service affidavit for a default or affidavit judgment.
How long does a small claims case take in Maryland?
Trial is normally set within 60 days of when the complaint is filed.
Does a defendant have to file an answer in Maryland small claims court?
To contest the claim, the defendant files the Notice of Intention to Defend (on the bottom of the Writ of Summons) within 15 days after being served, or 60 days for an out-of-state defendant or one with a resident agent. If no notice is filed and the plaintiff completed the affidavit section, the judge may enter an 'affidavit judgment' without a trial.
Can the defendant file a counterclaim in Maryland small claims court?
The defendant may file a counterclaim against the plaintiff; the small claims counterclaim filing fee is $18.
Is there a jury in Maryland small claims court?
No. A party may not demand a jury trial in a civil action where the amount in controversy is $25,000 or less, which includes every small claim.
Can you appeal a small claims decision in Maryland?
Either party may appeal to the circuit court within 30 days after the judgment (or after a ruling on a timely new-trial motion, which must be filed within 10 days). Small claims appeals ($5,000 or less) are heard de novo, meaning a completely new trial. The appeal fee is $175 ($10 to the District Court and $165 to the circuit court).
How do I collect a small claims judgment in Maryland?
The court does not collect the money. Usually after waiting 10 days, the winner can file a notice of lien (DC-CV-035), request garnishment of wages (DC-CV-065) or of bank accounts and other property (DC-CV-060), or request a writ of execution to seize personal property or real estate (DC-CV-040). Each request costs $10 plus any service fee.
Is mediation required in Maryland small claims court?
Yes. The District Court ADR Office offers free mediation and settlement conferences in civil and landlord-tenant cases, on the day of trial or before trial, including remotely. Free community mediation is also available before filing.
Can I file a small claims case online in Maryland?
Yes. E-filing through MDEC is available in all Maryland jurisdictions and is optional for people without a lawyer. The Guide & File interview can help prepare a small claims complaint.
Can I get an interpreter in Maryland small claims court?
Court interpreters are provided for litigants and witnesses in civil proceedings, paid for by the Administrative Office of the Courts. Submit a Request for Spoken Language Interpreter (CC-DC-041) to the court at least 30 days before the proceeding.
Where can I get small claims court forms in Maryland?
Start a Maryland small claims case (money only, $5,000 or less) in District Court by filing the Complaint/Application and Affidavit in Support of Judgment (DC-CV-001) and paying the filing fee; the court then issues a writ of summons. The Judiciary also offers a Guide and File interview for small and large claims.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.