Debt Defense – Maryland Procedure

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    How Consumer Debt Cases Move Through the Maryland Court System

    If you’ve been sued for credit card debt, a medical bill, a personal loan, or a private student loan in Maryland, your case will follow a structured process.

    Understanding how cases move through Maryland’s courts — and when to act — can help you protect your rights and avoid a default judgment.

    1. Maryland Court Structure for Debt Cases

    Most consumer debt lawsuits in Maryland are filed in:

    • District Court of Maryland

      • Handles civil claims up to $30,000

      • No jury trials — cases decided by a judge

      • Small Claims: $5,000 or less — simplified procedures and limited discovery

      • Large Claims: $5,001–$30,000 — more formal but still faster than Circuit Court

    • Circuit Court

      • Handles civil claims over $30,000

      • Allows jury trials and full discovery

      • Can also hear appeals from District Court

    2. How a Debt Lawsuit Begins in Maryland

    A. Filing the Complaint or Statement of Claim

    • In District Court, the creditor files a Statement of Claim (DC-CV-001) with supporting documents (account statements, contracts).

    • In Circuit Court, the creditor files a Complaint.

    B. Service of Process

    • You must be served with:

      • The summons

      • The complaint/statement of claim

    • Service can be by sheriff, private process server, or certified mail.

    • If personal service fails, alternate methods may be allowed with court approval.

    3. Time to Respond

    • District Court Small Claims (≤$5,000) – No written answer required; you must appear at the trial date on your summons.

    • District Court Large Claims ($5,001–$30,000) – You must file a written Notice of Intention to Defend within 15 days of being served (60 days if served outside Maryland).

    • Circuit Court – You must file a written Answer within 30 days of service (60 days if served outside MD; 90 days if served outside the U.S.).

    Failing to respond can lead to a default judgment and immediate collection efforts.

    4. Pretrial and Scheduling

    • In District Court small claims, your first court date is usually the trial date.

    • In District Court large claims, the court may hold a pretrial hearing or schedule order.

    • In Circuit Court, a scheduling order will set deadlines for discovery, motions, and trial.

    5. Discovery (Evidence Exchange)

    • Small Claims: No formal discovery — you must bring your evidence to trial.

    • District Court Large Claims: Limited discovery allowed, usually with court permission.

    • Circuit Court: Full discovery process, including interrogatories, document requests, and depositions.

    6. Motions

    Either side may file:

    • Motion to Dismiss – If the claim is legally insufficient.

    • Motion for Summary Judgment – Asking the court to decide without trial because there’s no dispute over material facts.

    • Motion to Compel – To force the other side to answer discovery.

    7. Trial

    • District Court – Heard by a judge; simpler rules for small claims.

    • Circuit Court – Can be judge or jury trial; follows formal Maryland Rules of Evidence and Civil Procedure.

    The creditor must prove:

    1. They own the debt (important in debt buyer cases)

    2. You agreed to the contract or account

    3. The amount claimed is accurate

    8. Judgment

    If the creditor wins, the court enters a judgment for:

    • Principal balance

    • Interest

    • Court costs

    • Attorney’s fees (if allowed by contract or law)

    In Maryland, a judgment is enforceable for 12 years and can be renewed.

    9. Post-Judgment Collections in Maryland

    A creditor with a judgment can:

    • Garnish wages – Generally up to 25% of disposable earnings

    • Levy bank accounts – Freeze and remove funds (some funds are exempt, like certain benefits)

    • Place liens on real property

    10. Defenses and Common Violations

    • Statute of Limitations – Most written contracts in MD have a 3-year limit from default/last payment (some 12 years for certain signed instruments).

    • Lack of Standing – Debt buyer cannot prove ownership.

    • Improper Service – Can void the judgment.

    • FCRA / FDCPA Violations – False credit reporting or abusive collection.

    11. Appeals

    • From District Court to Circuit Court: You generally have 30 days from the judgment to file an appeal.

    • Small claims appeals to Circuit Court are de novo (new trial).

    Key Takeaways

    • Respond within the legal deadline — Maryland deadlines are short (15–30 days).

    • Show up to court with all relevant documents.

    • Even if you owe the debt, you may be able to negotiate a settlement or payment plan.

    • Maryland has strong protections against improper debt collection — knowing your rights matters.

    📞 Sued for a debt in Maryland?
    We defend consumers across Maryland from debt lawsuits, stop improper garnishments, and challenge illegal credit reporting. Call us at 855-978-6564!