How does one file a civil suit in the Maryland judiciary?


Quick Answer

Filing a civil lawsuit in Maryland begins with filling a complaint form with the court, followed by paying the filing fee,according to Maryland Courts. The court then issues a writ of summons to inform the defendant of the lawsuit regarding filing of the lawsuit.

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Full Answer

A plaintiff needs to make sure he writes the correct name of the defendant, as this can lead to complications if overlooked, informs Maryland Courts. If the suit is against an individual, that individual must be 18 years old and over to qualify as a defendant. If an individual is under or over 18 years but is under a guardian or a parent, the parent or guardian becomes the defendant.

If the suit is against a company, a plaintiff writes the name the company as the defendant and not the company’s manager or its president, states Maryland Courts. If an individual personally guarantees for the company’s debt, then the plaintiff writes the name of the individual and the company. A plaintiff needs to write the full, formal name of a business.

A writ of summons has the case number, trial date, time and place, says Maryland Courts. Once the defendant receives the writ summons, the court receives a proof of service within the time allocated for a defendant to file his intention to defend. Unless the court receives a proof of service, the plaintiff may not be able present a case.

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