Frederick Cnty. Dist. Ct. CM - Civil Small Cases Case Management Plan (introduction)

District Eleven – Frederick and Washington Counties

Case Management Plan – Civil Small Cases

Table of Contents

Civil Small Claim Cases

Civil small claim cases may only be filed in the District Court. The criteria for filing a civil small

claim case in the District Court include the following:

 A claim is for $5,000 or less, exclusive of interest, costs, and attorney's fees, if attorney's fees

are recoverable by law or contract (Courts and Judicial Proceedings Article § 4-405);

 A claim is for money only, not the return of property or performance of a service; and

 The plaintiff is not planning to request any discovery (paperwork or other documentation

such as interrogatories – written questions that the other side must answer under oath in

writing, before trial, Md. Rule 3-701).

The types of Small Claim cases which can be filed using the Complaint Form (DC-CV-001) or

the Complaint for Assigned Consumer Debt (DC-CV-106):

 Contract cases involve non-payment for money owed to you under a contract.

 Tort cases involve a harm that has been done to you and that has resulted in monetary

damages, such as someone damaging your car.

 Bad Faith Insurance Claims seek, in addition to actual damages, the expenses, litigation costs

and interest from a first party insurance claim that was not processed in good faith.

(Applies to actions under Courts and Judicial Proceedings Article § 3-1701.)

How much time a civil small claim case should take to get resolved

A small claim case may follow two potential tracks to resolution – contested and uncontested. A

third track includes other small civil judgment cases where judgment is entered immediately upon

filing with service occurring after. The diagram below illustrates Tracks 1 and 2. Note that the

times indicated are estimated from filing to the date of judgment or order. A case may take shorter

or longer. The District Court of Maryland has a goal of resolving (reaching judgment) on most civil

small claim cases within 120 days.

Mediation/ Dismissal Enforcement

Settled? Yes

Settlement Order Needed?

No Yes

Notice of

File a Serve Yes Yes

Defendant? Intention to Trial Judgment

Case Defend?

No No

Track 1 – Contested ≈ up to 120 days Enforce-

Expiration of

Affidavit ment

one year – Lack

of Jurisdiction Track 2 – Uncontested ≈ 60 days Judgment

3-507 Expiration of one year – 3-507

Dismissal Lack of Prosecution Dismissal

Track 1 – Contested Cases

File a Case

The following steps are required to file a case:

(a) File a complaint, using the Complaint Form (DC-CV-001) or the Complaint for Assigned

Consumer Debt (DC-CV-106) with the court and attach any supporting documentation. You

must provide one copy for the court and one copy for each defendant. In the form, it is

critical to name the correct defendant. One of the most challenging parts of filing a small

claim is to make sure to sue the right person. See the Small Claims Brochure (DC-CV-

001BR) for detailed instructions about how to name defendants who are individuals,

companies, or the agent of a company.

(b) Pay the filing fee and service fee, if applicable. Check the District Court’s Cost Schedule

(DCA 109) for fees.

The plaintiff will pay the filing fee by check or money order to the Clerk’s office. The check

or money order should be made payable to District Court. If the filing fee is paid in person,

payment by credit/debit card or cash is accepted.

The Sheriff’s fee must be paid via check or money order and cannot be waived. In

Washington County, the check or money order should be made payable to the Washington

County Sheriff’s Department. In Frederick County, the service fee may be paid by cash

(exact cash), debit/credit (Visa, MasterCard or Discover including a 2.5% fee) or

check/money order payable to the Frederick County Sheriff’s Department.

Beginning October 16, 2017, a plaintiff may file a case electronically and pay the filing fee

via the internet, after registering to do so at https://maryland.tylerhost.net/ofsweb.

Electronic filing is required by attorneys.

Filing fees may be waived by the court, based on the following conditions:

 Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089);

and/or

 Representation by a civil legal aid lawyer; Statement in Support of Waiver of

Prepaid Costs by Clerk (CC-DC-088)

If the court does not grant the request to waive prepaid costs, the plaintiff has 10 days (Md.

Rule 1-325(e)) to pay the filing and other required fees (prepaid costs). If the unwaived

prepaid costs are not paid in full within the time allowed, the pleading or paper shall be

deemed to have been withdrawn.

(c) Notify the other party (Defendant). The plaintiff is required to attempt to notify the

defendant that a complaint (lawsuit) has been filed against the defendant. The clerk will

issue a Writ of Summons to officially notify the defendant that a suit has been filed. The

Writ of Summons has a 30-day time limit to serve the defendant. After the time limit has

expired, the summons is no longer valid, unless renewed by motion of the plaintiff. The

following documents must be delivered to the defendant: original Complaint and Writ of

Summons. There are four legal ways to deliver these documents to the defendant: 1)

Certified Mail; 2) Private Process; 3) Constable (Baltimore County service only); and 4)

Sheriff.

Time – the plaintiff has 30 days to notify a defendant (Md. Rule 3-113).

(d) Proof of Service. If the court does not receive Proof of Service within the time allotted for

the defendant to file an Intention to Defend, the plaintiff may not be able to present their

case on the trial date.

Counter Claims (Md. Rule 3-331)

A counter claim is filed by a defendant against the plaintiff using the Complaint Form (DC-CV-001).

A party may file a counterclaim within ten days after the time for filing a Notice of Intention to

Defend, and thereafter only with leave of court for good cause shown.

A filing fee is required and the Complaint can be served via first-class mail. A certificate of service

must be submitted with the counter claim filing.

Cross Claims (Md. Rule 3-331)

A cross claim is filed between two defendants (or between two plaintiffs) in the same case using the

Complaint Form (DC-CV-001). A party may file a cross claim within ten days after the time for filing

a Notice of Intention to Defend, and thereafter only with leave of court for good cause shown.

A filing fee is required and the complaint can be served via first-class mail. A certificate of service

must be submitted with the cross claim filing.

Third Party Claims (Md. Rule 3-332)

A third party claim is filed by the defendant in a case against a person not previously a party to the

case using the Complaint Form (DC-CV-001). A party may file a third party claim no later than ten

days before the scheduled trial date. Within ten days of the scheduled trial date or after the trial

has commenced, a defendant may file a third party claim only with the consent of the plaintiff or by

order of court. The third party plaintiff is required to attempt to notify the third party defendant

that a complaint (lawsuit) has been filed against the defendant. The clerk will issue a Writ of

Summons and copies of the complaint and all pleadings filed to date to officially notify the third

party defendant that a suit has been filed. The Writ of Summons has a 30-day time limit to serve

the third party defendant. After the time limit has expired, the summons is no longer valid, unless

renewed by the third party plaintiff.

A filing fee is required and depending on the method of service, a service fee may be required.

There are four legal ways to deliver these documents to the defendant: 1) Certified Mail; 2) Private

Process; 3) Constable (Baltimore County service only); and 4) Sheriff.

Interpleader (Md. Rule 3-221)

An action for Interpleader may be filed against two or more claimants who claim to be entitled to

the property. The plaintiff may deny liability in whole or in part to any or all defendants. A

defendant may obtain an interpleader by way of counterclaim or cross-claim. An action for

Interpleader is filed by motion which shall specify the nature and value of the property and may be

accompanied by payment or tender into court of the property and a Complaint Form (DC-CV-001).

A judge will grant or deny the motion to intervene. If granted, the case will be processed and sent

out for service. A trial date will be set after the parties have been served and have had time to

respond to the complaint.

A filing fee is required and depending on the method of service, a service fee may be required.

There are four legal ways to deliver these documents to the defendant: 1) Certified Mail; 2) Private

Process; 3) Constable (Baltimore County service only); and 4) Sheriff.

Intervenor (Md. Rule 3-214)

A person shall be permitted to intervene when that person claims an interest relating to the

property or transaction that is the subject of the action. The federal, state or local subdivision of the

State may motion the court to be permitted to intervene in an action when the validity of a

constitutional or other legal ground is called into question in the action. An action for Intervenor is

filed by motion which states the grounds for the request to intervene and a Complaint Form (DC-CV-001). A judge will grant or deny the motion to intervene. If granted, the case will be processed

and a trial date set.

There is no District Court filing fee and the complaint can be served via first-class mail. A certificate

of service must be submitted with the cross claim filing.

Military Service Affidavit

To be entitled to an affidavit judgment or to a default judgment, Federal law requires a Plaintiff to

file an affidavit as to whether any defendant is in the military service. Even if you are not

requesting an affidavit judgment this affidavit must be completed. The most commonly accepted

documentation is the form available at https://scra.dmdc.osd.mil/single_record.xhtml. This

website search requires the Social Security Number of the Defendant. If a judge finds that the

affidavit lacks sufficient facts to determine whether any Defendant is in the military service, the

court may deny affidavit judgment and schedule a hearing. Federal law gives the court several

options if the court finds that the defendant is in the military service. The court may require the

Plaintiff to post a bond, the court may appoint counsel to represent the defendant, or the court may

stay the proceedings. Information about the Servicemembers Civil Relief Act and the required

affidavit can be found on the courts website at: http://mdcourts.gov/reference/scra.html. Filing a

false Military Service Affidavit is a criminal offense punishable by not more than one year

incarceration and a fine not to exceed one thousand dollars.

Notice of Intention to Defend

The defendant may choose to contest a complaint filed against them in District Court, after they

have received a Writ of Summons, by filing a Notice of Intention to Defend. These cases are

considered by the court to be contested, and the case shall proceed to the scheduled trial date or

the existing court date may be changed to allow time for a trial.

If the defendant files a Notice of Intention to Defend, the court will notify the plaintiff. The Notice of

Intention to Defend includes space for the defendant to explain why he or she should not be

required to pay the plaintiff the money the plaintiff claims they are owed. If the defendant chooses

to list a reason, the notice the plaintiff receives from the court will include that reason. The plaintiff

should take note of the defendant’s claim and be prepared to explain to the judge why the

defendant’s argument is not valid. The court will set a trial date.

Even if the defendant does not file the Notice of Intention to Defend, the plaintiff may still be

required to come to court for a trial or other hearing.

Time – a defendant living in the State of Maryland has 15 days, and a defendant outside the

State of Maryland (also a resident agent and the United States or an office of an agency of

the United States) 60 days to file a Notice of Intention to Defend, following the date of Proof

of Service (Md. Rule 3-307). Even if a Notice of Intention to Defend is not timely filed, it is

still accepted and entered into the file. The judges will also accept them in the courtroom on

the trial date and the case may be continued to allow both parties time to prepare for a trial.

Alternative Dispute Resolution

Forms of alternative dispute resolution (ADR) are informal, formal, and court-sponsored or

initiated. If a case has been filed, all forms of ADR may involve the court, if the parties choose to

seek a court order or judgment that is enforceable. Forms of ADR, after the filing of a case, include

the following:

(a) Settlement. Two parties may settle a case at any time leading up to the trial date. When a

case has been settled the dispute is resolved, although the agreement between the two

parties is only enforceable if both parties file a consent agreement with a request for

judgment.

(b) Settlement Conference. Generally, no settlement conferences are held in small claim

cases, but if requested by the judge we would following Md. Rule 3-504. A settlement

conference may not be in front of the judge assigned at trial.

(c) Mediation. Mediation is a confidential process. Anything discussed in mediation cannot be

used in court. There are a few exceptions when it comes to child abuse, imminent threats of

harm to a person, or allegations of duress or fraud. But any discussions, and if all parties

choose, even some agreements reached can be kept confidential. In Washington County, a

mediation brochure is attached to all complaints sent out for service to the defendant.

Mediators are available in court on Fridays at 1:00 PM. Frederick County does not attach

the mediation brochure but mediators are generally court for all civil dockets. An

agreement following mediation can result in the dismissal of the case or in a consent

judgment. An agreement is not enforceable following dismissal of a case, and the plaintiff

may be required to file an affidavit for judgment, if they are unable to enforce an agreement.

Trial

At trial, both parties should be prepared to present any witnesses, evidence or exhibits to prove or

defend against a claim. The trial will be more informal than a regular trial, but both parties still

need to prove their case.

Time – The trial date shall be set within 60 days after the complaint is filed for in-state

defendants, and within 90 days after the complaint is filed for out-of-state defendants (Md.

Rule 3-701).

Judgment

The judgment is entered by the clerk following a trial, usually the same day. The date of the

judgment is the date the clerk enters the judgment on the electronic case management system

docket (Md. Rule 3-601(e)). Types of judgments included: judgment, consent judgment, and

confessed judgment. An affidavit or default judgment may be entered if the defendant does not

appear.

Post-Judgment

The parties have 10 days to file a motion for a new trial in the District Court (Md. Rule 3-533), or

file a motion to alter or amend a judgment (Md. Rule 3-534); and 30 days to file an appeal (Md. Rule

7-104). An appeal from a small claim case will be retried in the Circuit Court.

Enforcement

After the court issues a judgment and it is entered into the record by the Clerk, both parties will

receive a copy of the judgment by first-class mail. The court will not collect the money owed to the

prevailing party. To begin an enforcement action, the prevailing party will have to complete and

file more forms with the court, pay the required filing fees and appear in court for additional

hearings. The prevailing party usually must wait 10 days (Md. Rule 3-632) before they can take

further legal action to enforce the judgment. Once the waiting period passes, there are three

different ways a defendant can collect on the judgment:

1. Garnishing the other person’s wages;

2. Garnishing the other person’s bank account; or

3. Seizing the other person’s personal property or real estate.

The prevailing party must file documents with the court and provide the other party with copies of

all motions or correspondence filed with the court in order to garnish or seize money or property.

If the other person does not have a job, a bank account, real estate or other significant property, it

may be difficult to collect on the judgment. See the linked brochure, Post-Judgment Collection (DC-CV-060BR), for a detailed description of enforcement procedures.

Track 2 – Uncontested Cases (Affidavit Judgment)

The possible conditions that define uncontested cases are the following:

 No Notice of Intention to Defend within time limits allowed by law;

 Affidavit in Support of Judgment signed by the plaintiff; or

 Affidavit judgment in favor of the plaintiff by the court.

File a Case

(a) File a complaint, using the Complaint Form (DC-CV-001) or the Complaint for Assigned

Consumer Debt (DC-CV-106) with the court and attach any supporting documentation. You

must provide one copy for the court and one copy for each defendant. In the form, it is

critical to name the correct defendant. One of the most challenging parts of filing a small

claim is to make sure to sue the right person. See the Small Claims Brochure (DC-CV-

001BR) for detailed instructions about how to name defendants who are individuals,

companies, or the agent of a company.

(b) Pay the filing fee and service fee, if applicable. Check the District Court’s Cost Schedule

(DCA 109) for fees.

The plaintiff will pay the filing fee by check or money order to the Clerk’s office. The check

or money order should be made payable to District Court. If the filing fee is paid in person,

payment by credit/debit card or cash is accepted.

The Sheriff’s fee must be paid via check or money order and cannot be waived. In

Washington County, the check or money order should be made payable to the Washington

County Sheriff’s Department. In Frederick County. the service fee may be paid by cash

(exact cash), debit/credit (Visa, MasterCard or Discover including a 2.5% fee) or

check/money order payable to the Frederick County Sheriff’s Department.

Electronic filing is required by attorneys.

Filing fees may be waived by the court, based on the following conditions:

 Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089);

and/or

 Representation by a civil legal aid lawyer; Statement in Support of Waiver of

Prepaid Costs by Clerk (CC-DC-088)

If the court does not grant the request to waive prepaid costs, the plaintiff has 10 days (Md.

Rule 1-325(e)) to pay the filing and other required fees (prepaid costs). If the unwaived

prepaid costs are not paid in full within the time allowed, the pleading or paper shall be

deemed to have been withdrawn.

(c) Notify the other party (Defendant). The plaintiff is required to attempt to notify the

defendant that a complaint (lawsuit) has been filed against the defendant. The clerk will

issue a Writ of Summons to officially notify the defendant that a suit has been filed. The

Writ of Summons has a 30-day time limit to serve the defendant. After the time limit has

expired, the summons is no longer valid, unless renewed by motion of the plaintiff. The

following documents must be delivered to the defendant: original Complaint and Writ of

Summons. There are four legal ways to deliver these documents to the defendant: 1)

Certified Mail; 2) Private Process; 3) Constable (Baltimore County service only); and 4)

Sheriff.

Time – the plaintiff has 30 days to notify a defendant (Md. Rule 3-113).

(d) Proof of Service. If the court does not receive Proof of Service within the time allotted for

the defendant to file an Intention to Defend, the plaintiff may not be able to present his or

her case on the trial date.

Military Service Affidavit

To be entitled to an affidavit judgment or to a default judgment, Federal law requires a Plaintiff to

file an affidavit as to whether any defendant is in the military service. Even if you are not

requesting an affidavit judgment, this affidavit must be completed. The most commonly accepted

documentation is the form available at https://scra.dmdc.osd.mil/single_record.xhtml. This

website search requires the Social Security Number of the Defendant. If a judge finds that the

affidavit lacks sufficient facts to determine whether any Defendant is in the military service, the

court may deny affidavit judgment and schedule a hearing. Federal law gives the court several

options if the court finds that the defendant is in the military service. The court may require the

Plaintiff to post a bond, the court may appoint counsel to represent the defendant, or the court may

stay the proceedings. Information about the Servicemembers Civil Relief Act and the required

affidavit can be found on the courts website at: http://mdcourts.gov/reference/scra.html. Filing a

false Military Service Affidavit is a criminal offense punishable by not more than one year

incarceration and a fine not to exceed one thousand dollars.

Notice of Intention to Defend

The primary determinant of an uncontested case is the lack of the filing of a Notice of Intention to

Defend.

Affidavit in Support of Judgment

The plaintiff may choose to fill out Section Four, Application and Affidavit in Support of Judgment,

on the original Complaint Form (DC-CV-001), in order to be eligible for an affidavit judgment.

Affidavit judgments are a type of default judgment issued by a judge without trial. They may be

issued against a defendant who does not file a Notice of Intention to Defend, but who has been

served a writ of summons. These are considered uncontested cases. Note that the form requires

additional procedures related to compliance with the Servicemembers Civil Relief Act, when the

defendant may be a service member.

On cases with a plaintiff who does fill out Section Four, the court does not automatically issue an

affidavit judgment. The court may choose to hold a hearing or the trial date and to proceed to a

judgment.

Judgment

The affidavit judgment is entered by the clerk following a trial, usually the same day. The date of

the judgment is the date the clerk enters the judgment into the electronic case management system

(Md. Rule 3-601(e)).

Post-Judgment

The parties have 10 days to file a motion for a new trial in the District Court (Md. Rule 3-533), or

file a motion to alter or amend a judgment (Md. Rule 3-534); and 30 days to file an appeal (Md. Rule

7-104). An appeal from a large claim case will not result in a new trial, but will be on the record.

Enforcement

After the court issues a judgment and it is entered into the record by the clerk, both parties will

receive a copy of the judgment by mail. The court will not collect the money owed to the prevailing

party. To begin an enforcement action, the prevailing party will have to complete and file more

forms with the court, pay the required filing fees and appear in court for additional hearings. The

prevailing party usually must wait 10 days (Md. Rule 3-632) before they can take further legal

action to enforce the judgment. Once the waiting period passes, there are three different ways a

creditor can collect on the judgment:

1. Garnishing the other person’s wages;

2. Garnishing the other person’s bank account; and

3. Seizing the other person’s personal property or real estate.

The prevailing party must file documents with the court and provide the other party with copies of

all motions or correspondence filed with the court in order to garnish or seize money or property.

If the other person does not have a job, a bank account, real estate or other significant property, it

may be difficult to collect on the judgment. See the linked brochure, Post-Judgment Collection (DC-CV-060BR), for a detailed description of enforcement procedures.

Track 3 – Other Small Civil Judgment Cases

The possible conditions that define Other Small Civil Judgment Cases are the following:

 A claim is for $5,000 or less;

 Judgment is entered immediately upon filing with service occurring after; and

 The case does not require a trial.

Serve

Defendant?Judgment Enforcement

File a

Case

Yes

Bond Forfeiture Judgments (Md. Rule 4-217)

If a defendant fails to appear as required, the court shall order forfeiture of the bail bond and

issuance of a warrant for the defendant's arrest and may set a new bond in the action. The clerk

shall promptly notify any surety on the defendant's original bond, and the State's Attorney, of the

forfeiture of that bond and the issuance of the warrant.

Within 90 days from the date the defendant fails to appear, which time the court may extend to 180

days upon good cause shown, a surety shall satisfy any order of forfeiture, either by producing the

defendant in court or by paying the penalty sum of the bond. If the defendant is produced within

such time by the State, the court shall require the surety to pay the expenses of the State in

producing the defendant and shall treat the order of forfeiture satisfied with respect to the

remainder of the penalty sum.

If an order of forfeiture has not been stricken or satisfied within 90 days after the defendant's

failure to appear, or within 180 days if the time has been extended, the clerk shall forthwith:

a. enter the order of forfeiture as a judgment in favor of the governmental entity that is

entitled by statute to receive the forfeiture and against the defendant and surety, if any, for

the amount of the penalty sum of the bail bond, with interest from the date of forfeiture and

costs including any costs of recording, less any amount that may have been deposited as

collateral security; and

b. cause the judgment to be recorded and indexed among the civil judgment records of the

circuit court of the county; and

c. prepare, attest, and deliver or forward to any bail bond commissioner appointed pursuant

to Rule 16-805, to the State's Attorney, to the Chief Clerk of the District Court, and to the

surety, if any, a true copy of the docket entries in the cause, showing the entry and

recording of the judgment against the defendant and surety, if any.

The Criminal, Traffic or Civil case file is forwarded to the civil department where a civil case is

created and a bond forfeiture judgment is entered against the defendant and surety, if any.

There is no District Court filing fee.

The clerk then forwards a notice of lien of judgment to the circuit court. There is no circuit court

filing fee in Washington or Frederick counties.

The defendant and surety, if any, will receive a notice via first-class mail that a bond forfeiture

judgment was entered.

A copy of the case docket entries is mailed to the Washington County State’s Attorney’s Office,

District Court Headquarters and surety, if any.

Enforcement of the judgment shall be by the State's Attorney in accordance with those provisions of

the rules relating to the enforcement of judgments.

Confessed Judgments (Md. Rule 3-611)

A Confessed Judgment is an action seeking final judgment based upon a person agreeing, in

advance, to the entry of judgment against him or her upon the occurrence or non-occurrence of an

event, such as making a payment.

The instrument does not evidence or arise from a consumer loan as to which a confessed judgment

clause is prohibited by Commercial Law Article § 12-311(b).

The instrument does not evidence or arise from a consumer transaction as to which a confessed

judgment clause is prohibited by Commercial Law Article § 13-301.

The instrument is not subject to the Maryland Retail Installment Sales Act as to which a confessed

judgment clause is prohibited by Commercial Law Article § 12-607.

The following steps are required to file a case:

(a) File a complaint, using the Complaint and Affidavit for Judgment by Confession (DC-CV-

104) form with the court.

(b) File the original or a copy of the written instrument authorizing the confession of

judgment for a liquidated amount;

(c) Pay the filing fee and service fee, if applicable. Check the District Court’s Cost Schedule

(DCA 109) for fees.

The plaintiff will pay the filing fee by check or money order to the Clerk’s office. The check

or money order should be made payable to District Court. If the filing fee is paid in person,

payment by credit/debit card or cash is accepted.

The Sheriff’s fee must be paid via check or money order and cannot be waived. In

Washington County, the check or money order should be made payable to the Washington

County Sheriff’s Department. In Frederick County, the service fee may be paid by cash

(exact cash), debit/credit (Visa, MasterCard or Discover including a 2.5% fee) or

check/money order payable to the Frederick County Sheriff’s Department.

Beginning October 16, 2017, a plaintiff may file a case electronically and pay the filing fee

via the internet, after registering to do so at https://maryland.tylerhost.net/ofsweb.

Electronic filing is required by attorneys.

Filing fees may be waived by the court, based on the following conditions:

 Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089);

and/or

 Representation by a civil legal aid lawyer; Statement in Support of Waiver of

Prepaid Costs by Clerk (CC-DC-088)

(d) Notify the other party (Defendant). The plaintiff is required to attempt to notify the

defendant that a complaint (lawsuit) has been filed against the defendant. The clerk will

issue the Complaint to officially notify the defendant that a suit has been filed. There is no

time limit for service of the Complaint to the defendant. There are four legal ways to deliver

these documents to the defendant: 1) Certified Mail; 2) Private Process; 3) Constable

(Baltimore County only); and 4) Sheriff.

(e) Proof of Service. If the court does not receive Proof of Service the judgment cannot be

enforced.

Foreign Judgments (Courts and Judicial Proceedings Article § 11-801 to 11-807)

A Foreign Judgment is a judgment, decree, or order of a court of the United States or of any other

court that is entitled to full faith and credit in this State. A Foreign Judgment is not open to post-judgment revisions. Motions to revise must be filed in the original court.

The following steps are required to file a case:

(a) File a complaint, using the Request to File Foreign Judgment (DC-CV-15) form with the

court. Addresses for both parties shall be listed on the complaint. Non-money judgments

shall be referred to a judge before execution.

(b) File a copy of the foreign judgment which has been tripled sealed (Certified under Act

of Congress);

(c) Pay the filing fee and service fee, if applicable. Check the District Court’s Cost Schedule

(DCA 109) for fees.

The plaintiff will pay the filing fee by check or money order to the Clerk’s office. The check

or money order should be made payable to District Court. If the filing fee is paid in person,

payment by credit/debit card or cash is accepted.

The Sheriff’s fee must be paid via check or money order and cannot be waived. In

Washington County, the check or money order should be made payable to the Washington

County Sheriff’s Department. In Frederick County, the service fee may be paid by cash

(exact cash), debit/credit (Visa, MasterCard or Discover including a 2.5% fee) or

check/money order payable to the Frederick County Sheriff’s Department.

Beginning October 16, 2017, a plaintiff may file a case electronically and pay the filing fee

via the internet, after registering to do so at https://maryland.tylerhost.net/ofsweb.

Electronic filing is required by attorneys.

Filing fees may be waived by the court, based on the following conditions:

 Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-089);

and/or

 Representation by a civil legal aid lawyer; Statement in Support of Waiver of

Prepaid Costs by Clerk (CC-DC-088)

(d) Notify the other party (Defendant). The clerk will mail a copy of the Foreign Judgment to

the defendant via first-class mail, however, the plaintiff may request service by certified

mail or sheriff/constable.

Municipal Infraction Judgments (Local Government Article § 6-102 to 6-115)

Civil infraction means a violation of a county ordinance, resolution, or public local law which has

been designated a civil infraction by the legislative body of a code home rule county. In Washington

County, municipal infraction judgments may be entered due to a violation of the Hagerstown city

codes or Washington County building codes. In Frederick County, municipal infraction judgments

may be entered due to violations of the Frederick County codes and the city or town codes for

Frederick, Thurmont, Brunswick and Walkersville.

For more information concerning Civil Citations see that section under the Criminal Cases section of

this plan. Criminal Case Management Plan

Municipal Infraction Judgments may be entered as a result of the following:

 The defendant fails to appear for the Civil Citation hearing; or

 The defendant appears for the Civil Citation hearing but does not pay the fine assessed by

the judge.

After the 30-day appeal period, the Civil Citation case file is forwarded to the civil department

where a civil case is created and a municipal infraction judgment entered.

There is no District Court filing fee.

The defendant will receive a notice via first-class mail that a municipal infraction judgment was

entered.

Restitution Judgments (Criminal Procedures § 11-610 and 11-611)

Restitution means that the person who committed the crime must repay the victim, the state

government, an insurance company or another person that has compensated the victim for injuries,

loss or damage.

Restitution Judgments are entered as a result of the following:

 The defendant fails to pay restitution as ordered in a Criminal or Traffic case and the judge

orders a civil judgment; or

 The victim requests a civil judgment in writing after the defendant fails to pay restitution as

ordered in a Criminal or Traffic case.

The Criminal or Traffic case file is forwarded to the civil department where a civil case is created

and a restitution judgment entered.

There is no District Court filing fee.

The clerk then forwards a notice of lien of judgment to the circuit court of any other county as the

Maryland Rules provide. There is no circuit court filing fee in Washington or Frederick counties.

The defendant will receive a notice via first-class mail that a restitution judgment was entered.

Enforcement

After the court issues a judgment and it is entered into the record by the clerk, both parties will

receive a copy of the judgment by mail. The court will not collect the money owed to the prevailing

party. To begin an enforcement action, the prevailing party will have to complete and file more

forms with the court, pay the required filing fees and appear in court for additional hearings. The

prevailing party usually must wait 10* days (Md. Rule 3-632) before he or she can take further legal

action to enforce the judgment. Once the waiting period passes, there are three different ways a

creditor can collect on the judgment:

1. Garnishing the other person’s wages;

2. Garnishing the other person’s bank account; or

3. Seizing the other person’s personal property or real estate.

* Exception: Restitution Judgments are not enforceable until 30 days after the date the judge

ordered the restitution in the criminal or traffic case.

The prevailing party must file documents with the court and provide the other party with copies of

all motions or correspondence filed with the court in order to garnish or seize money or property.

If the other person does not have a job, a bank account, real estate or other significant property, it

may be difficult to collect on the judgment. See the linked brochure, Post-Judgment Collection (DC-CV-060BR), for a detailed description of enforcement procedures.

The following topics apply to all civil small tracks.

Personal Identifiers

It is the responsibility of the filer to redact personal identifiers, prior to submitting a filing with the

Court. Filers include anyone filing documents with the Court, including police officers, the state’s

attorney, criminal complainants, landlords, petitioners, and others. The filer does not have to be a

party to a case, and may include Federal Courts, military personnel, or relatives to a party in a case.

Per Md. Rule 1-322.1, unless otherwise required by law or permitted by court order, the following

personal identifier information shall not be included in any electronic or paper filing with a court:

(1) an individual’s Social Security number, taxpayer identification number; or

(2) the numeric or alphabetic characters of a financial or medical account identifier.”

The rule also states that unless otherwise provided by law or court order, this Rule does not apply

to the following:

(1) a financial account identifier that identifies the property allegedly subject to forfeiture in a

forfeiture proceeding;

(2) the record of an administrative agency proceeding.

Discovery

Interrogatories (Md. Rule 3-421) may not be filed pre-judgment in small claim cases (Md. Rule 3-

701). The plaintiff may not ask questions about the defendant’s assets until after a judgment has

been entered.

The actual questions do not need to be filed with the court. Up to 15 questions are allowed and

must be relevant to the case. The opposing party has 15 days from the date of service to file

answers.

Medical Records

We do not accept medical records per Courts and Judicial Proceedings Article § 10-104 & 10-105. If

we receive medical records with the complaint or prior to court we return them with our local

administrative order.

Postponements

A postponement can be requested using the Motion for Postponement (CC-DC-070).

The postponement policy is based on the District Court Administrative Regulations, as follows:

No motion for the postponement or continuance of any case shall be considered, unless made in

the following manner: