Frederick Cnty. Dist. Ct. CM - Landlord tenant Cases Case Management Plan 2

Postponements

A postponement will only be granted for good cause shown or by consent of the parties and

scheduled on the next earliest available date. A postponement can be requested using the Motion

for Postponement (CC-DC-070).

Notice of Intention to Defend

There is no Notice of Intention to Defend in landlord tenant cases.

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. In Washington County, mediators are available

in court on Fridays at 1:00 PM. In Frederick County, mediation is not provided at the time of the

hearing.

Legal Representation

In Failure to Pay Rent/Summary Ejection, a landlord can represent themselves or be represented

by an attorney, property management or agent (Business Occupations and Professions Article § 10-

206(b)).

In Breach of Lease, Tenant Holding Over, Wrongful Detainer or Grantor in Possession, a landlord

can represent themselves or be represented by an attorney.

A tenant can represent themselves or be represented by an attorney.

Discovery (Md. Rule § 3-711)

There is no discovery permitted in any landlord cases EXCEPT for Breach of Lease actions.

Trial

These cases are considered by the court to be contested, and the case shall proceed to the

scheduled trial date. There must be a hearing on the record and the landlord must appear. If the

landlord does not appear, the case will be dismissed. The defendant may choose to contest a

complaint filed against them by appearing at the hearing. If the tenant does not appear for the

hearing after proper service, the court may enter a default judgment.

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

defend against a claim. Any electronic evidence such as text messages, e-mails or digital

photographs should be printed out in advance of trial.

Time – The trial date will be set as follows:

The Trial date shall be set within 16 days of the filing date:

Failure to Pay Rent/Summary Ejectment

The trial date will be set within 14-21 days of the filing date:

Tenant Holding

Breach of Lease

Wrongful Detainer

Grantor in Possession

Distress for Rent

Judgment

The judgment for possession is entered by the clerk following a trial. The judgment date for

Summary Ejectment/Failure to Pay Rent is the date the judge signs the Disposition section on the

Failure to Pay Rent form. For the other Landlord Cases, 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)).

If a money judgment is requested with the proper service, the clerk shall also enter a money

judgment. If a monetary judgment is awarded on a Failure to Pay Rent/Summary Ejectment, the

landlord must pay the filing fee to be recorded, and it will be processed as a new civil case. Types

of judgments included: default, consent and trial judgments.

Post-Judgment

Appeal periods range from 2 days to 10 days, depending on the case type. On appeal, if the amount

in controversy is $5,000 or less, the case will be retried in the circuit court. If the amount in

controversy is over $5,000, the case will be an on the record appeal and requires a transcript. All

Housing Authority cases, regardless of amount in controversy, are on the record appeals and

require a transcript.

Money Judgment Enforcement

After the court issues a monetary judgment in a summary ejectment and it is entered into the

record by the Clerk, the landlord must fill out a Request form (DC-001) and pay filing fee to have the

judgment recorded, 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 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;

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.

Eviction Process

Judgment Eviction

File a

Warrant for

Restitution

Min. 5 days

Max. 60 days

Frederick

County

Max. 60 days

Washington CountyLandlord

Schedule

Eviction with

Sheriff

Copies

mailed to

parties Sheriff Notify

Tenant

File a Petition-for Warrant of Restitution

The following steps are required to initiate eviction. To gain possession of rental property, the

landlord must file a Petition-for Warrant of Restitution at least 5 days and no more than 60 days

(Real Property Article § 8-401) after the summary ejectment judgment has been entered. In other

landlord cases, the landlord may file the Petition-for Warrant of Restitution immediately.

(a) File a petition, using the Petition-for Warrant of Restitution (DC-CV-081), with the court.

(b) No filing fee is required.

(c) Pay the service fee. Check the District Court’s Cost Schedule (DCA 109) for fees.

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.

(d) Beginning October 16, 2017, a plaintiff may also electronically file a case and pay the service

fee via the internet.

(e) Notification to the other party (defendant). The clerk will mail a copy of the Petition to

the landlord and tenant via first-class mail. In Frederick County, the Sheriff’s Department

sets the date with the landlord then notifies the tenant of the eviction by affixing a copy of

the Petition to the premises that shows the eviction date and time, giving a minimum of 48

hour notice. The landlord is not responsible for notifying the tenant of the date or time of

eviction.

(f) No Proof of Service is required. The court does not require notification of the defendant

or proof of service.

Schedule Eviction with Sheriff

It is the landlord’s responsibility to schedule the eviction with the Sheriff.

Eviction

The Sheriff must be present during the eviction. The eviction must take place within 60 days after

the court orders the Warrant of Restitution (Real Property Article § Rule 8-401). The eviction

cannot take place on a Sunday or holiday. The Administrative Judge may stay the eviction from day

to day in the event of severe weather conditions. Once property is removed from the premises, the

tenant is responsible for its safety.

Stay of Eviction

A stay of eviction may be considered by the Court under the following conditions:

1) Landlord consents;

2) Tenant files bankruptcy*;

3) An appeal has been filed by the tenant and the tenant has paid the appeal bond set by the

judge; and

4) The court may, upon presentation of a certificate signed by a physician certifying that

surrender of the premises within the 4-day period after trial would endanger the health or

life of the tenant or any other occupant of the premises, extend the time for surrender of the

premises as justice may require but not more than 15 days after the trial (Section 8.401

Real Prop Article).

*Bankruptcy stays an eviction unless the landlord attends the bankruptcy hearing and requests the

federal bankruptcy court to lift the stay.

Track 2 – Tenant Cases

YesSame-Day

Mediation

Trial Judgment Enforcement

Yes

No

Dismissal

Order

Enforcement

Needed?

No

Serve

Defendant?

Dismissal

Yes

No

Tenant Files

a Case

Discovery

14-21 days

File a Case

The following steps are required to file a case:

(a) File a complaint, using the Petition in Action of Rent Escrow/Injunction (DC-CV-083) with

the court.

(b) File a Request for Service, using the Request for Service form (DC-CV-2) if you are

requesting service by Sheriff or Private Process. You must use the carbonless multi-part

form available at any District Court location. Please print or type clearly and make sure all

copies are legible.

(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 available.

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 also electronically file a case and pay the filing

fee via the internet.

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 Petition has been filed against the defendant. The clerk will issue the

Petition to officially notify the defendant that a petition has been filed. The Petition must be

served to the defendant within 5 days of the trial date. After the time limit has expired, the

summons is no longer valid, unless renewed by the plaintiff. The following documents must

be delivered to the defendant: original Petition and any supporting documentation

submitted with the petition. 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. The clerk will mail a copy of the Petition to the plaintiff via first-class

mail.

(e) Proof of Service. After service to the defendant, the Plaintiff/Process Server or Sheriff

must complete the Proof of Service section and return the white copy of the Request for

Service (DC-CV-2) form showing the defendant has been served. If the court does not

receive proof of service, the plaintiff may not be able to present their case on the trial date.

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.

Postponements

A postponement will only be granted for good cause shown or by consent of the parties and

scheduled on the next earliest available date. A postponement can be requested using the Motion

for Postponement (CC-DC-070).

Notice of Intention to Defend

There is no Notice of Intention to Defend in landlord tenant cases.

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. In Washington County, mediators are available

in court on Fridays at 1:00 PM. In Frederick County, mediation is not provided at the time of the

hearing.

Legal Representation

In Rent Escrow cases, a landlord can represent him or herself or be represented by an attorney,

property management or agent (Business Occupations and Professions Article § 10-206(b)).

A tenant can represent him or herself or be represented by an attorney.

Discovery (Md. Rule § 3-711)

There is no discovery permitted in any tenant cases EXCEPT for Rent Escrow actions.

Trial

These cases are considered by the court to be contested, and the case shall proceed to the

scheduled trial date. There must be a hearing on the record and the defendant/landlord must

appear. If the tenant/plaintiff does not appear, the case will be dismissed.

Rent escrow may be established at any time by the presiding Judge upon appropriate findings.

Once established, the tenant/plaintiff may be required to pay an amount of rent into escrow by the

date ordered. Failing to pay rent into escrow may result in the case being dismissed. The presiding

judge will schedule a future hearing for disbursement of escrow funds pending correction of all

violations and/or the parties reach an acceptable resolution.

In the event of a consolidated Failure to Pay Rent case with Rent Escrow case, the court shall

adjudicate the Failure to Pay Rent case or if unable to rule, set the case back in for a hearing before

the rent court.

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

defend against a claim. Any electronic evidence such as text messages, e-mails or digital

photographs should be printed out in advance of trial.

Time – The trial date will be set within 14-21 days of the filing date.

Disbursement of Rent Escrow Funds

Upon abatement of all violations, the court may terminate the lease, shall disburse all remaining

funds in escrow as appropriate and close out the Rent Escrow case.

Do You Need a Court Interpreter or Other Special

Accommodation?

The Maryland Judiciary provides court interpreters for hearings and proceedings conducted in

court, as well as certain court-related services and events, at no cost, for individuals who are parties

or witnesses in court proceedings.

Only court-appointed interpreters can serve as official interpreters in the courtroom. Your family

or friends cannot serve as official court interpreters. But, you can have your family members or

friends help you to communicate with the court staff outside the courtroom.

You should request an interpreter for your hearing 30 days before the court date, if possible.

Fill out a Request for Spoken Language Interpreter (CC-DC-041). If requesting a sign language

interpreter or other special accommodation, use the Request for Accommodation for Person with

Disability (CC-DC-049). You can also ask your attorney to fill out the form for you.

Submit the form to the Clerk's Office of the courthouse where your hearing is scheduled by mail or

in person.

If you are a party in the case, you only need to submit a single Interpreter Request Form. Once the

court receives your first timely request, the court will assign an interpreter for all proceedings at

which you are expected to appear. Other interested persons (victims and witnesses) must submit a

new Interpreter Request Form for each proceeding.

Washington County District Court and the Community

Location: 36 W. Antietam Street

Hagerstown, MD 21740

Phone number: 240-420-4600

The Clerk’s Office is located on the first floor and the courtrooms are located on the second floor of

the court house.

The following are resources available in the community to help with resolving a dispute.

Alternative Dispute Resolution 866-940-1729

BNI (resource for landlords and tenants) 800-487-6007

Legal Aid 800-649-8813

Maryland Courts Self-Help Center 410-260-1392

People’s Law Library https://www.peoples-law.org/

U.S. Bankruptcy Court – Greenbelt 301-344-8018

Washington County Community Mediation Center 301-665-9262

Washington County Sheriff’s Dept. (to schedule evictions) 240-313-2537

Frederick County District Court and the Community

Location: 100 W. Patrick Street

Frederick, MD 21701

301-600-2008

The Clerk’s Office is located on the first floor and the courtrooms are located on the third floor of

the court house.

The following are resources available in the community to help with resolving a dispute.

BNI (resource for landlords and tenants) 800-487-6007

District Court Self-Help Resource Center 410-260-1392

Legal Aid 301-694-7414

22 S. Market Street

Frederick, MD 21701

Maryland Courts Self-Help Center 410-260-1392

People’s Law Library https://www.peoples-law.org/

U.S. Bankruptcy Court – Greenbelt 301-344-8018

The link below is for District Court of Maryland Landlord Tenant

information http://www.mdcourts.gov/legalhelp/housing.html

Forms

The landlord tenant forms (except for Rent Escrow) are not printable and you must obtain the

carbonless multi-part form available at any District Court location. Forms are available for bulk

purchase from our headquarters in Annapolis. Purchase Order - Civil Forms

A growing amount of content on the Maryland Judiciary’s web site is now available in languages

other than English. The non-English pages provide forms, brochures, and other helpful information

about the Maryland Courts. The materials are available in Spanish, French, Russian, Korean and

Chinese. http://www.mdcourts.gov/courtlanguage/index.html.

The following are brochures that explain the various landlord tenant cases.

DC-CV-82BR Landlord and Tenant Brochure

DC-CV-82TBR Tenant and Landlord Brochure

The following forms are needed to initiate a landlord/tenant case and define the characteristics of

each type of action and track.

Landlord Cases

DC-CV-80 Complaint and Summons Against Tenant Holding Over

DC-CV-82 Failure to Pay Rent/Landlord's Complaint for Repossession of Rented Property

DC-CV-82BRFS Failure to Pay Rent Fact Sheet

DC-CV-82MH Failure to Pay Rent/Park Owner’s Complaint for Repossession of Rented

Property

DC-CV-85 Complaint and Summons Against Tenant in Breach of Lease

DC-CV-86 Petition for Levy in Distress

DC-CV-89 Complaint for Wrongful Detainer

DC-CV-109 Complaint for Grantor in Possession

DC-CV-081 Petition for Warrant of Restitution

Tenant Cases

DC-CV-002 Request for Service (a link to the form is not available)

DC-CV-083 Petition in Action of Rent Escrow or For Injunction

All Case Types

DCA-109 District Court’s Cost Schedule

CC-DC-088 Statement in Support of Waiver of Prepaid Costs by Clerk

CC-DC-089 Request for Waiver of Prepaid Costs

CC-DC-090 Request for Final Waiver of Open Costs

The following form may be used to request a change in a scheduled hearing or trial at the District

Court.

CC-DC-070 Motion for Postponement

The following brochure, available from the Maryland Attorney General’s office, is helpful for both

landlords and tenants Landlords and Tenants Tips on Avoiding Disputes.

The following forms can be used to request a court interpreter or other special accommodation.

CC-DC-041 Request for Spoken Language Interpreter

CC-DC-049 Request for Accommodation for Person with Disability

Samples of Filings

Failure to Pay Rent - Frederick County

Failure to Pay Rent - Washington County

Warrant of Restitution - Frederick County

Warrant of Restitution - Washington County