Maryland · Contractor dispute
Contractor dispute in Maryland small claims
Contractor didn't finish or won't refund? Sue in small claims.
When a contractor takes a deposit and disappears, leaves a job unfinished, or does work that causes damage, small claims court is often the right venue to recover your money. You do not need a lawyer. Your case rests on your contract or estimate, proof of payment, documentation of what was promised, and evidence of what was actually delivered — or not delivered.
In Maryland, small-claims cases are heard in the Small Claims division of the District Court of Maryland and you can sue for up to $5,000 (money only; claims from $5,001 to $30,000 are heard as regular District Court civil cases).
Good to know: Small claims are not a separate court; they are handled as a simplified, less formal track within the statewide District Court of Maryland. A case qualifies as a small claim only if it is for $5,000 or less, for money only (not return of property or performance of a service), and does not involve discovery. The District Court itself can hear civil claims up to $30,000; claims over $5,000 (up to $30,000) are tried as regular civil cases, not small claims.
Contractor dispute in Maryland: local specifics
Maryland small claims covers money-only disputes in the District Court's simplified track. A contractor dispute — whether a claim for a refund, for completed work, or for damage caused — fits within the court's scope as long as the amount at issue is within the monetary limit.
Contractor dispute: steps that matter
- Gather your written contract, estimate, or text messages showing what was agreed, and keep all receipts and payment records.
- Document the incomplete or defective work with photos and, if possible, a written assessment from another contractor.
- Send a written demand to the contractor stating what you are owed and a deadline to respond, and keep proof you sent it.
- File in the court for the county where the contractor operated or where the work was done, and bring every document to the hearing.
- If the contractor holds a license, check your state's licensing board — a complaint there may run parallel to your court case.
Filing your Civil Complaint (Form DC-CV-001) in Maryland
- File the Complaint (DC-CV-001). Complete the District Court Civil Complaint form (DC-CV-001), naming the correct defendant, and file it with the clerk at any District Court location. Forms are available at the clerk's office.
- Pay the filing fee. Pay the filing fee at the time of filing. Fee amounts are set by the District Court's Civil Cost Schedule (DCA-109); check the current schedule when you pick up your forms. If you cannot afford the fee, file a Request for Waiver of Prepaid Costs (CC-DC-089).
- Choose a method of service and the court issues the Writ of Summons. On the Complaint, select how the defendant will be served (certified mail, sheriff, or private process). The court then issues a Writ of Summons to officially notify the defendant that a suit has been filed.
- Have the defendant served. Serve the defendant by one of the three methods. You may not serve the defendant yourself; service must be by certified mail (clerk mails it), the sheriff, or an uninvolved adult 18 or older / private process server.
- Submit Proof of Service. File proof that the defendant was served: the green certified-mail return receipt, or an affidavit of service (Proof of Service form DC-CV-002 / Affidavit of Service) for sheriff or private process. Trial is normally set within 60 days of when the complaint was filed.
Filing fees: Filing fees are set by the District Court Civil Cost Schedule (DCA-109); confirm the current amount with the clerk. A fee waiver (CC-DC-089) is available.
Deadline that applies to your contractor dispute
A contractor dispute is typically a contract claim — you hired someone, paid them (or they want payment), and the work was not done or not done properly. The contract statute of limitations is the usual deadline to file, though some claims may also involve property damage. Confirm which category applies to your situation with the court.
Written contract: 3 years (Md. Cts. & Jud. Proc. § 5-101)
Answering a lawsuit: 15 days from the date the defendant receives the summons to file a Notice of Intention to Defend (60 days for out-of-state defendants and those with resident agents)
Serving the defendant: The plaintiff may not serve the defendant personally. There are three methods, selected by checking a box on the Complaint: (1) certified mail (the clerk creates the summons and mails it; the green return receipt is proof of service); (2) sheriff (hand delivery, returns an affidavit of service); or (3) private process (an uninvolved adult 18 or older, or a private company, hand-delivers the summons and files an affidavit of service).
Appeals: Either party may appeal to the Circuit Court by filing a Notice of Appeal (form DC-CV-037) in the District Court within 30 days after entry of judgment. A small claims appeal ($5,000 or less) is heard de novo, meaning a completely new trial in the Circuit Court (total appeal fee $175).
All Maryland small-claims deadlines
The table below lists the filing deadlines Small Claims division of the District Court of Maryland applies by claim category. Confirm the exact rule that applies to your contractor dispute claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract (Md. Cts. & Jud. Proc. § 5-101) | 3 years |
| Oral contract or debt (Md. Cts. & Jud. Proc. § 5-101) | 3 years |
| Property damage (Md. Cts. & Jud. Proc. § 5-101) | 3 years |
| Personal injury (Md. Cts. & Jud. Proc. § 5-101) | 3 years |
Maryland small-claims forms for your contractor dispute case
These forms are published by the Small Claims division of the District Court of Maryland. CaseBySelf can pre-fill them automatically from your case details.
- Complaint/Application and Affidavit in Support of Judgment: Starts a Maryland District Court small-claims case and supports affidavit/default judgment where applicable.
- Small Claims Brochure: Maryland Courts brochure explaining how to file a small claim in District Court.
- Request for Waiver of Costs: Requests waiver of Maryland court costs when a party cannot afford to prepay them.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Maryland Courts - Small Claims (District Court legal help). Last reviewed 2026-06-23.