If you’re not a lawyer, the legal system is a bit of a mystery, and Maryland’s system is no exception. While Maryland does not have prothonotaries, and an ordinary person is very unlikely to encounter a writ of coram nobis, there is plenty to confuse people in our courts. Words like replevin and detinue make consumers feel they’ve entered a foreign land when stepping into court. In fact, consumers can feel so clueless in court that sometimes they don’t know the outcome of their case, even when they win.
Often, my own clients, after receiving a favorable ruling from the judge, turn to me and ask, “What happened?” While it’s nice to say “you won,” there is a little more to it than that. So here are some questions and answers you should know about winning in District Court:
- What Is a “Win”?
By “win,” I mean an outcome favorable to the consumer, specifically in a consumer debt collection case. There are a lot of different ways that a court might describe a win. In District Court, a Judge will often express the outcome informally by saying things like “I find that the Plaintiff hasn’t proven its case” or “the evidence is insufficient to entitle the plaintiff to judgment.” But the formal outcome, after a trial, is a “judgment for the defendant” – meaning that the case was tried and the court found that the winner was the defendant. Another way a consumer might “win” a case is through a dismissal. For example, in a case so obviously defective that a trial isn’t necessary, a consumer might file a motion to dismiss, and the court might hold a hearing and say, “The complaint is dismissed.” Equally, a consumer might convince a plaintiff to dismiss the case, particularly when the consumer can prove that they’ve already paid the debt at issue. If a consumer wins through a dismissal, it is important that the dismissal is “with prejudice.”
“With prejudice” simply means that the dismissal is final. The case cannot be brought back. In Maryland District Court, a case can always be dismissed with prejudice. A dismissal without prejudice allows a new case to be filed on the same issue in the future. Without prejudice, dismissals are only allowed (a) before a defendant has filed a defense or (b) with the consent of the defendant. However, it appears that many District Courts in Maryland do not enforce this rule and let plaintiffs dismiss cases without prejudice, even after a defense has been filed. If you’re offered a dismissal, you should try to ensure it’s with prejudice.
- Is the Case Over?
Even when you win, a case is not technically over right away. A losing plaintiff has three options to challenge the court’s decision: it can file a Motion for a New Trial within ten days, a motion to reconsider, alter or amend the decision within 30 days, or an appeal within 30 days. If nothing happens for 30 days after the win, then the case is over for good.
While it is rare for plaintiffs to challenge the decision, they sometimes do. If they do, it is usually through an appeal. In Maryland District Court, an appeal in a small claim (where the amount sought is $5,000 or less) is done as a brand new trial in the Circuit Court called a “trial de novo,” which is Latin for “new trial.” In the new trial, new or different evidence can be used. An appeal in a large claim (where the claim is for more than $5,000) is what lawyers think of as a “normal” appeal – one that relies only on the evidence admitted and the record created at the first trial.
- What Do I Do if the Plaintiff Tries to Collect Again After I Win?
Unfortunately, this does, rarely happen. A plaintiff loses in court, then tries to collect. If this happens, you should talk to a consumer rights lawyer. Collecting money that is not owed is generally not allowed in Maryland, and you may have a right to sue over attempts to collect.
- What About My Credit Report?
If you were sued over an account on your credit report and you won, you may be able to remove it from your report. Whether you can depends on the reason that you won. For example, if you won because the plaintiff waited too long to sue you, your credit report will not be affected. But if you won because you were a victim of identity theft, the account should be removed from your credit report. To speed up this process, you should send a letter to all three major credit reporting agencies, Equifax, Experian, and Trans Union, with a copy of your identity documents and the judgment, asking for the account to be removed.
If you beat a creditor and they keep an account on your credit report despite disputes when they shouldn’t, you may have a right to sue over that too.
- What About the Time and Expenses It Took to Win?
Winning in District Court isn’t easy and will likely take at least some time and money. It will certainly take money if you have to pay for an attorney. Understandably, most people in that situation want to be compensated for that time and money. But whether you have a right to be compensated is a more complicated question you’d need to discuss with an attorney. You are not entitled to be compensated just because you won. But you may be entitled to sue for compensation if the plaintiff should never have sued you.
If you have questions regarding your consumer rights, please contact our team today.