MD · rules

Harford Cnty. Dist. Ct. Civil DCM Plan

Harford County District Court Civil DCM Plan

activein force · 2026-09-30 – presentact-effective-date

The District Court for Harford County, Maryland

Civil Differentiated Case Management (DCM) Plan

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Table of Contents

Civil Large Claim Cases.......................................................................................................................................................... 1

Track 1 – Contested Cases............................................................................................................................................. 2

Alternative Dispute Resolution................................................................................................................................... 7

Track 2 – Uncontested Cases (Affidavit Judgment)........................................................................................... 11

Track 3 – Other Large Civil Judgment Cases........................................................................................................ 15

Bond Forfeiture Judgments (Md. Rule 4-217)..................................................................................................... 15

Confessed Judgments (Md. Rule 3-611)................................................................................................................. 17

Foreign Judgments (Courts and Judicial Proceedings Article § 11-801 to 11-807)............................ 18

Restitution Judgments (Criminal Procedures § 11-610 and 11-611)....................................................... 19

Harford County District Court and the Community................................................................................................ 25

Forms.......................................................................................................................................................................................... 25

Civil Small Claim Cases........................................................................................................................................................ 27

Track 1 – Contested Cases........................................................................................................................................... 28

Track 2 – Uncontested Cases (Affidavit Judgment)........................................................................................... 36

Track 3 – Other Small Civil Judgment Cases........................................................................................................ 40

Forms.......................................................................................................................................................................................... 51

Civil Large Claim Cases

Civil large claim cases may be filed in the District Court or circuit court. If a plaintiff wishes

to file in circuit court, he or she should be referred to their local circuit court’s case

management plan. The criteria for filing a civil large claim case in District Court include the

following:

 The claim is for $30,000* or less, and greater than $5,000; and

 The claim may involve money or property.

* Exception: District Court has exclusive jurisdiction for replevin cases. There is no limit on

the claim amount.

Note that formal rules of procedure and of evidence apply in civil large claim cases. Either

side may demand a jury trial in cases with claims greater than $15,000 (Courts and Judicial

Proceedings Article § 4-402(e)). If a jury trial is requested, the case must be heard in circuit

court. A jury trial may be requested by the plaintiff at the time of filing the complaint. A

defendant may request a jury trial within ten days after the time for filing a notice of

intention to defend. Md. Rule 3-325(a).

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

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

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

b) Tort cases involve a harm that has been done to you and that has resulted in

monetary damages, such as someone damaging your car.

c) Replevin cases seek the return of property, along with possible damages.

d) Detinue cases seek the return of property or its value, along with possible damages.

e) 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 case should take to get resolved

A civil large claim case may follow two potential tracks to resolution – contested and

uncontested. A third track includes other large 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 to the date of judgment or order.

A case may be shorter or longer than the expected times. The District Court of Maryland

has a goal of either resolving or reaching judgment on most civil large claim cases within

250 days.

Mediation/ Dismissal Enforcement

Discovery Settled? Yes

Settlement Order Needed?

No Yes

Notice of

File a Serve Settlement

Defendant? Yes Intention to Trial Judgment

Case Defend

Conference

No Track 1 – Contested ≈ up to 250 days

Enforce-

Expiration of

Track 2 – Uncontested ≈ 60 days Affidavit ment

one year – Lack

Judgment

of Jurisdiction

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 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. The check or

money order should be made payable to the Harford County Sheriff’s Office.

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 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.

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

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.

Replevin and detinue cases are treated as contested cases even if the “Affidavit in Support

of Judgment” section is signed on the complaint form.

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. 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 move 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 Service Members 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 him or her in District Court,

after he or she has 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 he or she is 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.

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 Maryland has 15 days, and a defendant outside Maryland (also

a resident agent and the United States or an office of an agency of the United States) has 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 a notice of intention to defend 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. If a notice of intention to defend has been filed in a tort

case, or if the case is very complicated or has multiple attorneys, the judge may ask

for a pre-trial conference. A settlement conference will not be in front of the judge

assigned at trial.

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. Any

discussions, and if all parties choose, even some agreements reached can be kept

confidential. Mediators are also available in court on Fridays at 9:00 a.m. 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 he or she is unable to

enforce an agreement.

Harford County District Court Day of Trial ADR Program

The Harford County day of trial ADR Program operates during the civil docket every Friday

morning at 8:30 a.m. Harford County’s ADR practitioner roster contains primarily

mediators, but also includes a few settlement conference attorneys. The mediators include

representatives of the Harford County Community Mediation Program (HCCMP) who cover

the fourth Friday of each month. Only one ADR practitioner (or co-mediation pair) is

scheduled per docket. Litigants are offered the process (mediation or settlement

conference) the morning’s practitioner is trained to provide.

The District Court ADR Office does not regularly schedule practitioners to staff the 1:30

p.m. civil docket. If the Regional ADR Programs Director screens the docket and determines

there are enough cases to warrant a volunteer, she will attempt to recruit a practitioner,

primarily from HCCMP. Additionally, should a party or a judge contact the ADR Office in

advance of a trial date to request ADR services for a particular case, the ADR Office can,

with adequate notice, schedule an ADR practitioner for the p.m. docket. (This is a rare

occurrence. In 2015, there were only three afternoon dockets covered by an ADR

practitioner.)

Harford County District Court Pre-Trial Mediation Program

The District Court of Maryland ADR Office Regional ADR Programs Director for Baltimore

City and Harford County refers cases to the Harford County Community Mediation Program

(HCCMP) to attempt to schedule and conduct pretrial mediation sessions. The program

director screens both the 8:30 a.m. and 1:30 p.m. civil dockets six weeks in advance of the

scheduled trial date and reviews the contested cases to determine which cases might be

appropriate for mediation. As only cases appearing as contested in the District Court

electronic case management system are considered for case screening, this excludes all

landlord tenant matters from being offered the opportunity to mediate prior to the trial

date. In addition, some cases may be identified during the screening as “Not Appropriate”

for mediation.

Cases are referred by the program director on a weekly basis to HCCMP. The program

director mails an introductory letter and invitation to participate, then HCCMP attempts to

contact participants by phone. During these phone conversations, HCCMP provides

information about mediation, offers to schedule a pretrial mediation, then reports back to

the program director on the outcome of their efforts. At times, parties may refuse pretrial

mediation but agree to participate in day of trial ADR.

Parties that do not agree to participate in pretrial mediation are heard on their scheduled

trial date. Parties that participate, but do not reach an agreement, are also heard on their

trial date. If parties reach an agreement through pretrial mediation, the agreement is hand-delivered by HCCMP or the parties to the civil clerk’s counter to be processed. Cases

reaching agreement are removed from the docket, and parties are mailed a notice by the

courts regarding the case disposition.

Trial

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

prove or defend against a claim.

Time – The trial date shall be set within no less than 60 days after the complaint is filed for

in-state defendants, and within no less than 90 days after the complaint is filed for out-of-state defendants (Md. Rule 3-102).

Replevin cases: Two trials are scheduled for replevin cases: 1) The show cause hearing, to

determine temporary possession of the property, is scheduled at least 21 days after the

case filing date; and 2) The trial, to determine final possession, is scheduled per Md. Rule 3-

102.

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)). Judgment can be made after trial or by consent or

confession. 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 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 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 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; 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 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; and

 Affidavit in support of judgment signed by the plaintiff; and

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

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.

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. The check or

money order should be made payable to the Harford County Sheriff’s Office.

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

1) Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-

089); and/or

2) 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

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 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.

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 Service members 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 Service members 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 on the trial date and to

proceed to a judgment.

Replevin and detinue cases are treated as contested cases even if the “Affidavit in Support

of Judgment” section is signed on the complaint form.

Judgment

The affidavit judgment is entered by the clerk following the court date and entry of

judgment by a judge, 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 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:

a) Garnishing the other person’s wages;

b) Garnishing the other person’s bank account; and

c) 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 Large Civil Judgment Cases

The possible conditions that define other large civil judgment cases are the following:

a) The claim is for $30,000* or less, and greater than $5,000; and

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

c) The case does not require a trial.

*Exception: Bond forfeiture and restitution judgments can be for amounts greater than

$30,000.

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 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 Harford County.

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 Harford County State’s Attorney’s Office,

District Court 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 them 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. The check or

money order should be made payable to the Harford County Sheriff’s Office.

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

1) Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-

089); and/or

2) Representation by a 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. You must use

the carbonless multi-part form available at all District Court locations. Please print

or type clearly and make sure all copies are legible. 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 Harford

County, the check or money order should be made payable to the Harford County Sheriff’s

Office.

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

1) Filing by the plaintiff of the Request for Waiver of Prepaid Costs (CC-DC-

089); and/or

2) 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.

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 and property loss or damage.

Restitution judgments are entered a result of the following:

a) The defendant fails to pay restitution as ordered in a criminal or traffic case and the

judge orders a civil judgment; or

b) 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 Harford County.

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:

a) Garnishing the other person’s wages;

b) Garnishing the other person’s bank account; and

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

* Exception: Restitution Judgments are not enforceable until after 30 days.

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 large 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:

a) an individual’s social security number, taxpayer identification number; or

b) 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:

a) a financial account identifier that identifies the property allegedly subject to

forfeiture in a forfeiture proceeding;

b) the record of an administrative agency proceeding.

Discovery

Interrogatories (Md. Rule 3-421) are written questions directed to an opposing party to aid

in the discovery of information important to the case. Interrogatories may be filed if the

claim exceeds $5,000. There are three types of information that can be discovered through

interrogatories:

a) Type of evidence the opposing party plans to use at trial;

b) Types of records, notes and correspondence the opposing party has; and

c) Identify the claims the opposing party will present.

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

to the filer.

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:

a) Five or More Days Prior to Trial. Every person desiring a case continued or

postponed shall, at least five calendar days prior to the scheduled trial date, file a

motion for such postponement or continuance with the clerk of the court. All

postponement requests are forwarded to the chambers judge in Harford County

District Court. Such motion may not be granted except for good cause shown.

Good cause reasons five or more days prior to trial may include, at minimum, the following:

1) Written consent of both parties for the first trial postponement only;

2) Scheduling conflict of either party or attorney with a trial on another case,

with the notice for the conflicting trial attached;

3) Serious illness or death of either party or attorney;

4) Planned holidays or vacations of either party or attorney, with a motion filed

at least 30 days prior to the trial date; or

5) Other serious emergency conflict.

b) Less Than Five Days Prior to Trial. Any motion for postponement or continuance

of any case made within five days of the scheduled trial date shall be addressed

directly to the presiding judge of that court.

Good cause reasons less than five days prior to trial shall NOT include the following:

1) Written consent of both parties;

2) Scheduling conflict of either party or attorney with trial on another case; or

3) Planned holidays or vacations of either party or attorney.

c) Designation of Postponement Clerk. There is no designated postponement clerk

in Harford County.

d) Attorney Hearing Dates. Unless otherwise agreed by the clerk, all requests for

postponements should be accompanied by three (3) proposed dates when the

attorneys and parties are available. Counsel should attempt to contact opposing

counsel, if possible, to find dates acceptable to both attorneys and parties. Civil cases

are heard on Fridays.

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. You may have your family

members or friends help you 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.

Harford County District Court and the Community

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

Location:

Bel Air District Court Multi Service Center

District Court of Maryland

2 South Bond Street, Suite 100

Bel Air, MD 21014

Monday – Friday, 8:30 a.m. – 4:30 p.m.

410-836-4545

The clerk’s office and the courtrooms are located on the first floor of the multi-service

center.

Alternative Dispute Resolution 866-940-1729

Legal Aid 410-836-7772

Maryland Courts Self-Help Center 410-260-1392

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

Harford County Community Mediation Center 410-638-4807

Forms

Following is a link to all District Court

forms: http://www.mdcourts.gov/district/dctcivforms.html

The following forms initiate a civil case and include the defining characteristics of

contested and uncontested matters.

DCA-109 District Court’s Cost Schedule

DC-CV-001 Complaint/Application and Affidavit in Support of Judgment

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

CC-DC-089 Request for Waiver of Prepaid Costs

DC-CV-15 Request to File Foreign Judgment

DC-CV-104 Complaint and Affidavit for Judgment by Confession

The following form can be used to help you complete the Complaint form for both Large

and Small Claim cases.

CC-DC-001BR Small Claims Brochure

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 forms can be used to help you collect your judgment.

CC-CV-60BR Post-Judgment Brochure

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

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 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

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 are:

 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)

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

b) Tort cases involve a harm that has been done to you and that has resulted in

monetary damages, such as someone damaging your car.

c) 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 either resolving or 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:

e) 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.

f) 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 Harford

County, the check or money order should be made payable to the Harford County Sheriff’s

Office.

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 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.

g) 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).

h) 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, along with copies of the

complaint and all pleadings 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 move 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 on 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 Maryland has 15 days to file a notice of intention to defend. A

defendant outside of Maryland (also a resident agent and the United States or an office of

an agency of the United States) has 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 for trial.

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. Any

discussions, and if all parties choose, even some agreements reached can be kept

confidential. Mediators are available in court on Fridays at 9:00 a.m. 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.

Harford County District Court Day of Trial ADR Program

The Harford County day of trial ADR Program operates during the civil docket every Friday

morning at 8:30 a.m. Harford County’s ADR practitioner roster contains primarily

mediators, but also includes a few settlement conference attorneys. The mediators include

representatives of the Harford County Community Mediation Program (HCCMP), who

cover the fourth Friday of each month. Only one ADR practitioner (or co-mediation pair) is

scheduled per docket. Litigants are offered the process (mediation or settlement

conference) the morning’s practitioner is trained to provide.

The District Court ADR Office does not regularly schedule practitioners to staff the 1:30

p.m. civil docket. If the Regional ADR Programs Director (“RPD”) screens the docket and

determines there are enough cases to warrant a volunteer, she will attempt to recruit a

practitioner, primarily from HCCMP. Additionally, should a party or a judge contact the

ADR Office in advance of a trial date to request ADR services for a particular case, the ADR

Office can, with adequate notice, schedule an ADR Practitioner for the p.m. docket. (This is a

rare occurrence. In 2015, there were only three afternoon dockets covered by an ADR