Civil Litigation in Maryland
If you are being sued in Maryland, or need to sue, the first questions are which court has the case, how many days you have, and what a judgment would collect. Brandon Northington, who is admitted in Maryland and the District of Columbia, handles our Maryland civil matters.
Below are the rules that most often decide a Maryland civil case early.
Maryland court thresholds, deadlines and collection
Courts. The District Court hears contract and tort claims up to $30,000, and landlord-tenant actions regardless of the amount (Courts and Judicial Proceedings § 4-401). Money claims of $5,000 or less are small claims (§ 4-405). Between $5,000 and $30,000 the plaintiff chooses the District Court or a circuit court, and above $30,000 the case is filed in circuit court (§ 4-402). The District Court generally cannot decide who owns real property, and no jury can be demanded where $25,000 or less is in controversy.
Deadlines. Most civil actions must be filed within 3 years of accrual (§ 5-101). A defendant in circuit court typically has 30 days from service to answer. According to the Baltimore County circuit court's plan, a summons must be served within 60 days, and after judgment there are 10 days to move for a new trial or to alter the judgment and 30 days to appeal.
Collection. A judgment does not collect itself. The winning party files further papers to garnish wages or a bank account, or to seize personal property or real estate. Wages are exempt at the greater of 75 percent of disposable wages or 30 times the State minimum hourly wage per week (Commercial Law § 15-601.1). A money judgment earns 10 percent interest a year (§ 11-107), and an action on a judgment must be filed within 12 years (§ 5-102).
Land use. A person aggrieved by a zoning board decision seeks review in circuit court (Land Use § 4-401), generally by petition filed within 30 days under Rule 7-203.
Contract and Business Claims
Breach, enforcement and damages claims, with the correct court and limitations period set at the start.
Collections and Judgment Enforcement
Garnishment, attachment and recovery, and the exemption defenses a debtor can raise.
Landlord-Tenant and Property Disputes
Rent and possession actions, security deposit claims, and title or boundary disputes in circuit court.
Zoning and Land Use Challenges
Board of appeals matters and petitions for judicial review of local zoning decisions.
How long do I have to file a lawsuit in Maryland?
Most civil actions must be filed within 3 years from the date they accrue (§ 5-101), though other statutes set different periods for particular claims. Actions on specialties such as a contract under seal or a judgment have 12 years (§ 5-102).
Should I sue in District Court or circuit court?
Up to $5,000 is a small claim in the District Court. From $5,000 to $30,000 you choose. Above $30,000 you file in circuit court. If you want a jury, more than $25,000 must be in controversy, and a timely jury demand moves the case to circuit court. The District Court generally cannot decide who owns real property, so ownership disputes belong in circuit court.
How much of my paycheck can be garnished in Maryland?
The exempt amount is the greater of 75 percent of disposable wages or 30 times the State minimum hourly wage for each week the wages were earned, so at most 25 percent can be attached. A bank account has a separate $500 exemption, which counts toward the $6,000 elected exemption.
How long does a civil case take?
The Baltimore County circuit court sets 18 months from filing as its time standard for civil cases, with simpler cases finishing sooner. A plaintiff who has not served the defendant within 120 days risks dismissal without prejudice.
Facing a lawsuit or a claim in Maryland?
The first consultation is confidential, and we respond within one business day. Tell us what happened and what deadlines you have been given.