Maryland Small Claims Court: $5,000 Limit, Fees and How to File

In Maryland, small claims cases are heard in the District Court of Maryland, and the limit is $5,000. Under Maryland Code, Courts and Judicial Proceedings (CJP) § 4-405, the District Court has exclusive jurisdiction over a "small claim action," meaning a civil action for money "in which the amount claimed does not exceed $5,000 exclusive of interest, costs, and attorney's fees, if attorney's fees are recoverable by law or contract."

There is no separate small claims court building; small claims is a simplified docket inside the District Court. This guide follows a Maryland small claim from filing to collection; for other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers small claim actions in the District Court of Maryland under CJP §§ 4-401, 4-402 and 4-405, venue under CJP §§ 6-201 and 6-202, appeals under CJP § 12-401, business representation under Business Occupations and Professions § 10-206, and the District Court cost schedule (DCA-109, revised March 2026). It does not cover evictions and other landlord-tenant cases, regular (large claim) District Court cases except where they differ from small claims, circuit court cases, or small claims in other states.

Maryland small claims limit: $5,000

A case counts as a small claim when the amount claimed is $5,000 or less, not counting interest, court costs, and attorney's fees where a law or contract allows them (CJP § 4-405). The rule is the same for individuals and businesses.

The Maryland Judiciary's small claims page adds three practical conditions: you are asking only for money, not the return of property or the performance of a service, and you do not plan to use discovery (the formal pre-trial exchange of information).

If your claim is larger, the District Court still has another track:

The $30,000 District Court cap is also measured "exclusive of prejudgment or postjudgment interest, costs, and attorney's fees if attorney's fees are recoverable by law or contract" (CJP § 4-401(1)). On the regular civil docket, the formal rules of evidence apply and discovery is allowed.

If your claim is just over $5,000. The sources verified for this page do not say whether you can split a claim or give up the amount over $5,000 to stay on the small claims docket. Ask the clerk before trying either, and assume that money you leave out of a case may be gone for good.

Every claim has a filing deadline. Check the Maryland statute of limitations for your type of claim, or use our statute of limitations calculator.

What you can sue for, and who you can sue

Small claims is for money only. Claims to get property back (replevin or detinue), injunctions, other equitable relief, declaratory judgments and disputes over title to real property fall outside it (CJP §§ 4-401, 4-402).

Typical small claims include unpaid loans, property damage, bad repairs and security deposits a landlord kept. If yours is a deposit dispute, read Maryland landlord-tenant laws first, so your claim matches what the law requires of the landlord.

The Judiciary's small claims page notes that the person you sue must be 18 or older; if the defendant is under 18 or under guardianship, you may need to name the parent or guardian. To sue a company, use its full formal name as registered with the State Department of Assessments and Taxation (SDAT), and serve its resident agent.

Claims against the federal government are different. If a federal employee's negligence damaged your property or injured you, federal district courts have exclusive jurisdiction over that claim (28 U.S.C. § 1346(b)(1)), and you must first present it in writing to the federal agency (28 U.S.C. § 2675(a)), generally within two years (28 U.S.C. § 2401(b)).

Where to file

File in the District Court for the right county. Under CJP § 6-201, "a civil action shall be brought in a county where the defendant resides, carries on a regular business, is employed, or habitually engages in a vocation." A corporation can also be sued where it maintains its principal offices in Maryland.

Other venue rules that come up in small claims:

• More than one defendant: you can file in any county where any one of them could be sued, or where the cause of action arose (CJP § 6-201).
• Negligence (tort) claims: you can file where the cause of action arose (CJP § 6-202).
• A corporation with no principal place of business in Maryland: you can file where you, the plaintiff, reside (CJP § 6-202).

You start the case with the Complaint/Application and Affidavit in Support of Judgment (form DC-CV-001).

Filing fees

The District Court charges the same fees statewide under its cost schedule (DCA-109, revised March 2026):

The $44.00 complaint fee includes a $28 Maryland Legal Services Corporation fund surcharge and a $6 circuit court real property records improvement surcharge. The cost schedule lists $20.00 per defendant when the clerk mails the papers; it does not list a fee for a private process server, whom you pay directly.

Costs, including the sheriff or constable fee, are paid when you file. Exceptions in the schedule cover State agencies, counties and municipalities, and plaintiffs represented by legal aid or pro bono counsel. Who you pay for service depends on where you are: Baltimore County uses constables (check payable to the District Court), Baltimore City service checks go to the Director of Finance, and other counties use the sheriff. If the sheriff cannot serve the defendant, half of the service fee is refunded.

If you cannot afford the fees. File a Request for Waiver of Costs with your complaint, along with the Notice Regarding Restricted Information (MDJ-008). The judge considers the Maryland Legal Services Corporation income eligibility guidelines, decides whether to waive prepaid costs when you file, and decides other costs at the end of the case. If the request is denied, you have 10 days to pay. The Judiciary warns: "If you do not pay the fee as required, your case will be considered to have been withdrawn and no further action will be taken by the court."

Lawyers, businesses and mediation

You do not need a lawyer, but you can have one. The Judiciary's small claims page says: "While you can hire a lawyer if you choose, the rules of evidence and procedure in small claims cases are simplified to make it easier to represent yourself."

Businesses can appear without a lawyer, within limits. Under Business Occupations and Professions § 10-206(b)(4), an officer of a corporation (or an employee an officer designates), a partner (or designee), an LLC member (or designee), or a sole proprietor's designee may appear for the business in a District Court civil action or appeal if the claim "does not exceed the amount set under § 4-405 of the Courts Article for a small claim action" and is not based on an assignment of someone else's claim. Conditions apply:

• A designated employee may not be someone who appears in court as a full-time job.
• A designated employee must file a sworn power of attorney.
• The business may not hire another company to provide appearance services.

Mediation. Mediation is optional. The Judiciary encourages trying it before you file, and the District Court's alternative dispute resolution program, free in many cases, can be reached at 410-260-1676. We found no requirement to send a demand letter before filing.

For free legal help, the Maryland Court Help Center is available at 410-260-1392.

Serving the defendant

After you file, the court issues a writ of summons with the trial date. You must then have the defendant served, and "You cannot deliver the court documents to them yourself," as the Judiciary puts it. Service options include:

• Certified mail, restricted delivery, with a return receipt signed by the defendant.
• Private process: any adult who is not a party to the case.
• The sheriff, or a constable in Baltimore County.

When papers are hand-delivered, they can be left with an adult who lives at the defendant's home. A business is served through its resident agent (listed with SDAT) or an officer.

File your Proof of Service (form DC-CV-002) with the court within the time the defendant has to file a Notice of Intention to Defend. If you do not, you may not be able to proceed on the trial date. A summons must be served within 60 days after it is issued; if it is not, it becomes dormant and can be renewed only on your written request (Md. Rule 3-113, form DC-CV-010). The renewal fee is $5.00.

If you are the defendant

You do not file an answer in a Maryland small claim. Instead, you file a Notice of Intention to Defend. The Judiciary's tip sheet says: "You have 15 days from the day you were served to file the Notice of Intention to Defend. You have 60 days if you were served outside the state of Maryland." If you do not file it, the judge might not let you present a defense at trial.

Counterclaims. A counterclaim is due within 10 days after your Notice of Intention to Defend is due, and costs $18 in a small claim. We did not verify from current court rules what happens when a counterclaim exceeds $5,000; ask the clerk.

No jury. A party may not demand a jury trial when the amount in controversy is $25,000 or less (CJP § 4-402(e)(1)), so a small claim is tried by a judge.

If no Notice of Intention to Defend is filed, the plaintiff can ask for an affidavit judgment or default judgment, which requires information about the defendant's military status. Federal law requires that affidavit before a judgment against a defendant who has not appeared (50 U.S.C. § 3931(b)(1)). If a judgment is entered against you, you can file a written motion to revise or vacate it within 30 days after the date of the judgment (Md. Rule 3-535); the Judiciary says this motion is usually used when you believe you were not served or were not notified of the court date. Act quickly and contact the clerk or the Court Help Center.

Sued by a debt collector? Federal law requires a debt collector suing a consumer to sue only where the consumer signed the contract or lives when the case is filed (15 U.S.C. § 1692i(a)(2)). The FTC advises that if you are sued on a debt past its statute of limitations, you should "tell the judge that the statute of limitations has run out." Maryland's own rules for collectors are on our Maryland debt collection laws page.

The hearing

The Judiciary's comparison of small and large claims says: "Trial is normally set within 60 days of when the complaint was filed." A District Court judge hears the case.

The rules of evidence and procedure are simplified for small claims. The plaintiff presents evidence and witnesses first. There is no discovery in a small claim, so you cannot force the other side to answer written questions before trial. Bring your contract, receipts, estimates, photos and messages, and bring any witnesses; a witness subpoena has no filing fee but does carry a service fee.

Appeals

A party can appeal a final District Court judgment "by filing an order for appeal with the clerk of the District Court within 30 days from the date of the final judgment" (CJP § 12-401). For a small claim of $5,000 or less, the appeal is tried de novo in circuit court: a brand-new trial where all the evidence and testimony are presented again (CJP § 12-401). Larger civil cases are heard on the record made in the District Court.

An appeal costs $10.00 plus $165.00 payable to the circuit court (DCA-109).

Collecting your judgment

Winning a judgment does not guarantee payment, and the court does not collect for you. A District Court judgment is recorded automatically, but "There is an automatic 10-day stay (waiting period) before you can begin the collection process," according to the court's collection brochure (DC-CV-60BR).

The brochure describes three collection tools:

Fees are from DCA-109. Seized property cannot be sold until 30 days have passed, and the debtor may ask for exemptions.

Liens on real estate. In Baltimore City, a District Court judgment is recorded as a lien automatically. Elsewhere, you file a Notice of Lien (DC-CV-035), which costs $15.00 for each defendant.

No post-judgment discovery in small claims. The brochure states that the Judgment Debtor Information Sheet, interrogatories in aid of execution and oral examination in aid of enforcement "may not be used to enforce a money judgment resulting from a small claims action." Those tools are available only for larger District Court judgments. Plan your collection around what you already know about the debtor's job and bank.

Protected income. Maryland exempts part of a debtor's wages from garnishment under Commercial Law § 15-601.1, and other property under CJP § 11-504; see Maryland debt collection laws for those exemptions. Federal law separately caps ordinary wage garnishment at the lesser of 25% of weekly disposable earnings or the amount above 30 times the federal minimum hourly wage (15 U.S.C. § 1673(a)); our wage garnishment calculator gives an estimate. Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. § 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. § 5301(a)(1)).

Interest. Under CJP § 11-107, "the legal rate of interest on a judgment shall be at the rate of 10 percent per annum on the amount of judgment." Judgments for residential rent carry 6 percent.

How long it lasts. "In Maryland, a judgment is only valid for twelve (12) years," the court's brochure says (see also CJP § 5-102(a)(3)). Renew it before it expires with a Request to Renew Judgment (DC-CV-023); the fee is $10.00, plus $15.00 for each defendant if a lien was filed.

When you are paid. Once you are paid in full, you must file a Notice of Satisfaction (DC-CV-031). If you do not, the debtor can ask the court to declare the judgment satisfied (DC-CV-051) and may seek reimbursement. While payments come in, the creditor sends the debtor and any garnishee a Judgment Creditor's Monthly Report within 15 days after each month in which a payment is received; it is not filed with the court.

Forms and official help

• Maryland Courts: Small Claims: the Judiciary's step-by-step page.
• District Court Cost Schedule (DCA-109), revised March 2026.
• Complaint/Application and Affidavit in Support of Judgment (DC-CV-001) and Request Service and Proof of Service (DC-CV-002).
• Defending a Small Claim tip sheet.
• Post-Judgment Collection brochure (DC-CV-60BR).
• Filing fee waivers and the Maryland Court Help Center.

Related

• Small claims court by state
• Maryland statute of limitations
• Maryland debt collection laws
• Maryland landlord-tenant laws
• Virginia small claims court
• Pennsylvania small claims court

Disclaimer: This article provides general legal information about small claim actions in the District Court of Maryland under CJP §§ 4-401, 4-402, 4-405, 6-201, 6-202, 11-107 and 12-401, Business Occupations and Professions § 10-206, and the District Court cost schedule (DCA-109, revised March 2026), verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the District Court clerk, the Maryland Court Help Center, a legal aid office, or a lawyer licensed in Maryland.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Maryland?

$5,000, not counting interest, court costs and attorney's fees recoverable by law or contract (CJP § 4-405). Cases up to $30,000 can still be filed in District Court on the regular civil docket (CJP § 4-401(1)).

Can I sue for more than $5,000 in Maryland small claims?

Not on the small claims docket. A contract or tort claim over $5,000 and up to $30,000 goes on the District Court's regular civil docket or, if you choose, to circuit court (CJP §§ 4-401(1), 4-402(d)(1)).

How much does it cost to file small claims in Maryland?

The District Court charges $44.00 for a small claim complaint, plus $60.00 per defendant for sheriff or constable service (DCA-109, revised March 2026). You can ask the court to waive costs if you cannot afford them.

Can a lawyer represent me in Maryland small claims court?

Yes. Lawyers are allowed, but the Maryland Judiciary says small claims rules are simplified so you can represent yourself.

Can a business appear in Maryland small claims without a lawyer?

Yes, for claims within the $5,000 small claim amount that are not based on an assigned claim. An officer, partner, LLC member or designated employee with a sworn power of attorney may appear (Bus. Occ. & Prof. § 10-206(b)(4)).

How long do I have to respond to a small claims case in Maryland?

File a Notice of Intention to Defend within 15 days after you are served, or 60 days if you were served outside Maryland. Without it, the judge might not let you present a defense.

How long do I have to appeal a Maryland small claims judgment?

30 days from the final judgment, by filing an order for appeal with the District Court clerk (CJP § 12-401). The circuit court tries a small claim de novo, and the appeal costs $10.00 plus $165.00.

Can I make the debtor answer questions about assets after a Maryland small claims judgment?

No. The court's collection brochure says the Judgment Debtor Information Sheet, interrogatories and oral examination may not be used to enforce a small claims judgment of $5,000 or less.

How long is a Maryland small claims judgment good for?

12 years, according to the District Court's collection brochure (see CJP § 5-102). You can renew it before it expires with form DC-CV-023 for $10.00, plus $15.00 per defendant if a lien was filed.