Maryland Small Claims Default Judgment — What Happens If You Don't Respond

You were served with a small claims complaint in Maryland and you are thinking about ignoring it. Maybe the amount seems wrong, or the whole thing feels like a mistake, or you just do not have time to deal with it. Whatever the reason, ignoring a Maryland small claims case does not make it go away. It makes it worse.

What the Court Does When You Do Nothing

Maryland District Court small claims follow a two-step default process under Rules 3-306 and 3-307(e).

Step 1: You miss the NOID deadline. If you do not file a Notice of Intention to Defend within 15 days after service, the court has no record that you plan to contest the case. The deadline is 60 days if you were served outside Maryland, or if Maryland law requires you to have a resident agent and service is made on that agent through SDAT, the Insurance Commissioner, or another state agency authorized to accept process. A federal defendant served under Rule 3-124(m) or (n) also has 60 days. Add three days when Rule 1-203(c) applies to service by mail.

Step 2: The trial date arrives. If you also do not appear, the court may consider a demand for affidavit judgment filed with the complaint under Rule 3-306. The judge reviews the complaint, required affidavit and supporting documents, proof of service, and required military-service information. If the proof is legally sufficient, the judge may enter a monetary judgment for the amount supported by the evidence and allowable costs — without hearing your side.

This is not automatic. The plaintiff still has to show up and present their case. But you are not there to challenge any of it, so the judge only hears one version of events.

What a Default Judgment Costs You

A default judgment in Maryland means:

• The amount supported by the plaintiff's proof, plus allowable court costs, may be entered against you.
• Interest starts accruing at 10% per year, or 6% for residential rent judgments (CJP § 11-107). On a $3,000 judgment subject to the 10% rate, that is $300 a year.
• The judgment is enforceable for 12 years and renewable for another 12 (Rule 3-625).
• The plaintiff can garnish your wages or levy your bank account once the judgment is final. They file for a Writ of Garnishment, and the court orders your employer or bank to redirect funds.
• The judgment appears on public record through Maryland Judiciary Case Search. It shows up on background checks and title searches.

If You Missed the Deadline but Haven't Lost Yet

If you missed your applicable NOID deadline but the trial date has not passed, you can still appear in court. Under Rule 3-307(e), if the judge is satisfied you may have a meritorious defense, the court must deny an affidavit-judgment demand and set a new trial date unless the plaintiff is present and asks to proceed that day.

Showing up late is not as strong a position as filing on time, but it is far better than not showing up at all.

How to Vacate a Default Judgment

If a default judgment has already been entered against you, Maryland provides several post-judgment motions depending on your timing and circumstances:

Motion for New Trial (Rule 3-533): Must be filed within 10 days of judgment entry. You need to show an error of law, newly discovered evidence, or unfair surprise. Filing this motion pauses the 30-day appeal clock.

Motion to Alter or Amend (Rule 3-534): Also within 10 days. Used when the judgment contains a factual or legal error — wrong amount, wrong party, miscalculated interest.

Motion to Revise or Vacate (Rule 3-535(a)): Must be filed within 30 days. The court may revise or vacate the judgment on a timely motion. If the judgment followed your failure to appear, the court must consider relevant emergency circumstances you present; explain what happened and provide documentation.

Motion to Revise or Vacate After 30 Days (Rule 3-535(b)): May be filed at any time, but the court may act only for fraud, mistake, or irregularity. The required showing is clear and convincing, and fraud must be extrinsic.

None of these motions automatically stop enforcement. If the plaintiff has already filed for wage garnishment, you need a separate Motion to Stay Enforcement with a supersedeas bond.

The Appeal Option

You can appeal to the Circuit Court within 30 days after judgment entry. A Motion for New Trial or Motion to Alter or Amend filed within 10 days tolls that deadline; after the court rules, the 30-day appeal period runs from entry of its order. For small claims ($5,000 or less), the appeal is de novo — an entirely new trial where you present your case from scratch under CJP § 12-401(f). Filing the appeal does not automatically stop enforcement; you would need a stay.

The Takeaway

Filing a Notice of Intention to Defend costs nothing and takes five minutes. A default judgment accrues post-judgment interest at 10% per year, or 6% for residential rent judgments, and may lead to wage garnishment and years on your public record. The math is straightforward.

If you have already been defaulted, act fast — the most useful motions expire within 10 to 30 days. The Maryland Small Claims Response Guide includes a post-decision tracker worksheet that maps every deadline from judgment entry through the appeal window.

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