NOTICE TO DEFENDANT
Before Trial
This complaint contains the details of the plaintiff’s claim against you and the relief that the plaintiff (the person or company suing you)
seeks. The plaintiff has the burden to provide evidence to prove their case at trial. If the plaintiff has completed the affidavit portion of the
complaint form, the evidence should be attached to the complaint.
You may hire your own attorney. If you’re not able to hire an attorney, you can get legal help from an attorney through a Maryland Court
Help Center. Court locations are open Monday to Friday from 8:30 a.m. to 4:30 p.m. Help is available by phone at 410-260-1392 or by live
chat Monday through Friday from 8:30 a.m. to 8:00 p.m. For Help Center locations, visit: mdcourts.gov/helpcenter.
Court staff, including clerks are not permitted to give you legal advice. If you have any questions, you should consult the Maryland Court
Help Center or your own attorney.
If you wish to contest (fight) the claim, you must file the Notice of Intention to Defend (located at the bottom of your summons). The case
will be set for trial. If you wish to have your witnesses appear at trial, you should contact the clerk’s office at least two (2) weeks before the
trial date to request subpoenas, and you should bring to court on the trial date all evidence you want the court to consider. If you don’t bring
your evidence to the hearing, the judge can’t consider it.
If you do nothing, a judgment could be entered against you that may result in a lien on your property, garnishment of your wages,
and freezing your bank account.
You may request a remote hearing. For more information about remote hearings, visit mdcourts.gov/district/remotehearings or contact the
court (mdcourts.gov/district/directories/courtmap). If you do not attend the hearing, a judgment could be entered against you.
If Judgment is Entered Against You (If You Lose)
IF YOU DISAGREE WITH THE COURT’S RULING, you may:
1. Ask the court for a new trial by filing a Motion for a New Trial within ten (10) days after the entry of judgment, stating your reasons
clearly. If the court denies your motion, you may still file an appeal; if the court grants your motion, you must appear in the District
Court for a new trial.
2. Ask the court to change the judgment by filing a Motion to Alter or Amend the Judgment within ten (10) days after the entry of
judgment.
3. Ask the court to change or undo the judgment by filing a Motion to Revise or Vacate the Judgment within 30 days after the entry of
judgment.
4. APPEAL to the circuit court, by filing a Notice of Appeal in the District Court within 30 days after the entry of judgment. You will
have to pay a filing fee (see Guide to Appeal Fees - DCA-109A), unless the court determines that you are indigent. If the amount of the
claim, not including court costs, interest, and attorney’s fees, was $5,000 or less, you will have a new trial in the circuit court. If the
amount of the claim was more than $5,000, you will also have to order and pay for a transcript of the District Court trial record by
contacting the District Court clerk’s office (see Transcripts & Recordings Brochure - DCA-027BR).
IF YOU DECIDE NOT TO APPEAL AND NOT TO FILE ONE OF THE ABOVE MOTIONS, you may contact the plaintiff or
plaintiff’s attorney to arrange to pay the amount owed. If you do not pay the amount owed, the plaintiff or plaintiff’s attorney may initiate
further proceedings to enforce the judgment, including:
1. Judgment Debtor Information Sheet: You may receive form CC-DC-CV-114 from the plaintiff requesting information about your
income and debts. If you complete the form accurately and return it to the creditor as indicated, you will not have to answer
interrogatories or appear for an oral examination for at least a year from the date of judgment. NOTE: A Judgment Debtor Information
Sheet may not be used to enforce a money judgment resulting from a small claims action (amount sued for was $5,000 or less,
exclusive of interest, costs, and attorney’s fees).
2. Interrogatories: These are written questions. You must answer these written questions about your income and assets in writing under
penalties of perjury. NOTE: Interrogatories may not be used to enforce a money judgment resulting from a small claims action
(amount sued for was $5,000 or less, exclusive of interest, costs, and attorney’s fees).
3. Oral Examination: You must appear in court to testify in response to questions about your assets and income. NOTE: An oral
examination may not be used to enforce a money judgment resulting from a small claims action (amount sued for was $5,000 or less,
exclusive of interest, costs, and attorney’s fees).
4. Writ of Execution: This document requires the sale or seizure of any of your possessions. Some of your property or possessions may
be protected from the writ. These exemptions are explained in detail on the reverse side of the Writ of Execution form
DC-CV-040. The court could order you to pay additional expenses such as towing, moving, storage fees, advertising costs, and
auctioneer’s fees incurred in executing the writ.
5. Garnishment of Property: The court may issue a writ freezing your bank account or holding your assets until further court
proceedings.
6. Garnishment of Wages: The court may issue a writ ordering your employer to withhold a portion of your wages to pay your debt.
The law provides certain exemptions from garnishment.
If you have any questions, you should consult an attorney. Court staff are not permitted to give you legal advice. More information can be
found in court brochures located in the clerk’s office or online at: mdcourts.gov/district/public_brochures or
mdcourts.gov/legalhelp/moneyissues
NOTICE TO PLAINTIFF
REQUESTING A JUDGMENT BY AFFIDAVIT OR DEFAULT:
Federal Law requires the filing of a military service affidavit. Information about the Servicemembers Civil Relief Act and the required
affidavit can be found on the court’s website at: mdcourts.gov/reference/scra.
AFTER THE COURT ENTERS A JUDGMENT:
1. If the court enters a judgment for a sum certain, you have the right to file for a lien on real property.
2. If you disagree with the outcome of the case, you have the same post-trial rights as the defendant does:
you may file an Appeal, a Motion for New Trial, a Motion to Alter or Amend the Judgment or a Motion to Revise or Vacate the
Judgment. See above for further information concerning these rights.
DC-CV-001 (back) (Rev. 10/01/2023)
CMPET