In Maryland, a small claim is a District Court case asking for $5,000 or less. Interest, court costs and attorney fees allowed by law or contract don’t count toward the limit [1]. Only the District Court hears small claims [1], and an appeal gets you a brand-new trial in circuit court [3].
At a glance
- Small claims limit
- $5,000, not counting interest, costs and fees [1]
- Court
- District Court only [1]
- Regular District Court civil cases
- Up to $30,000 [2]
- Appeal
- Within 30 days; new trial in circuit court [3]
- Can't afford the fee?
- Ask in writing for a waiver [4]
| Item | Rule |
|---|---|
| Most you can claim | $5,000, plus interest, costs and allowed attorney fees |
| District Court's exclusive civil limit | $30,000 |
| Time to appeal | 30 days from the final judgment |
| Appeal of $5,000 or less | New trial (de novo) in circuit court |
| Appeal of more than $5,000 | Decided on the District Court record |
What counts as a small claim
A small claim is a civil case for money where the amount claimed is $5,000 or less [1]. Common examples are an unreturned security deposit, an unpaid personal loan, a bad repair job or damage to your car.
Landlord rent cases can be small claims too. A Failure to Pay Rent or tenant holding over case counts as a small claim when the rent claimed is $5,000 or less [1].
If you’re owed more than $5,000, you can still sue in District Court for up to $30,000, but the case isn’t on the small claims track [2].
How to file
- Fill out a complaint for the District Court. The clerk’s office can tell you which form to use [4].
- File in the District Court for the right county. If you’re not sure which county, ask the clerk before you file.
- Pay the filing fee listed in the District Court’s cost schedule, known as DCA 109 [4].
- Arrange service. There’s a separate fee if you want the court to have the defendant served, by mail or by a sheriff or constable [4].
Getting ready for trial
Small claims trials are short. Bring:
- copies of every document: contracts, receipts, invoices, texts and emails,
- photos of damage, printed out,
- repair estimates or paid bills that prove the amount,
- any witnesses who saw what happened.
Know exactly how you got to your number. The judge needs to see why the other side owes that specific amount.
Appeals
To appeal a District Court civil judgment, file an order for appeal with the District Court clerk within 30 days of the final judgment [3].
What happens next depends on the amount [3]:
- $5,000 or less: the case is tried de novo, meaning the circuit court hears it again from the start. You present your evidence and witnesses again.
- More than $5,000: the circuit court decides the appeal on the record from the District Court. Parties in smaller cases can also agree to an appeal on the record.
Landlord-tenant cases have their own, shorter appeal deadlines set by the rent statutes [3]. In a Failure to Pay Rent case, it’s four days; see our guide to the Maryland eviction process.
Other states
Maryland’s $5,000 limit is on the lower end. See small claims limits in every state on BestAmerica.
Sources
Common questions
What is the small claims limit in Maryland?
$5,000, not counting interest, court costs, or attorney fees when a law or contract allows them. Small claims are heard only in the District Court. Larger claims up to $30,000 also go to the District Court, on its regular civil docket.
How much does it cost to file small claims in Maryland?
The filing fee is set in the District Court's cost schedule (DCA 109), and there's a separate fee to have the defendant served by mail or by a sheriff or constable. If you can't afford the fees, you can ask the court in writing to waive them.
How do I appeal a small claims decision in Maryland?
File an order for appeal with the District Court clerk within 30 days of the judgment. Appeals of $5,000 or less are tried again from the start (de novo) in circuit court.