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Thoughts from a Maryland Bankruptcy Attorney
http://www.drescherlaw.com
Affidavit judgments are popular in Maryland District Courts. These are state courts where civil jurisdiction is for an amount in controversy of $30,000 or less. When the plaintiff asserts a claim for a liquidated debt (that is, a debt that is in an exact amount, such as on a note or account receivable) an agent for the plaintiff may sign the complaint form swearing and affirming that the contents of the claim are true and accurate. If this affidavit is signed and the defendant does not answer the plaintiff does not need to do anything further to obtain a judgment.
Affidavit judgments are very useful because most small claims on notes or accounts receivable are not subject to any legitimate dispute. As a result, the plaintiff does not need to jump through unnecessary hoops in order to obtain its judgment. Simply signing the affidavit on the face of the complaint form will almost always lead to entry of an uncontested judgment.
As a result, if the plaintiff files a complaint for an affidavit judgment there will be no need to file a motion for default judgment if the defendant does not respond to the complaint. On the other hand, if the defendant does respond the parties will likely need to have a trial.
Thoughts from a Maryland Bankruptcy Lawyer
Ronald J. Drescher
Drescher & Associates, P.A
4 Reservoir Circle
Suite 107
Baltimore, MD 21208
(410) 484-9000
Fax (410) 484-8120
Rondrescher@Drescherlaw.com
http://www.Drescherlaw.com
FaceTime rondrescher@mac.com
Skype ron.drescher
Practicing in Maryland, Delaware, Virginia, Pennsylvania
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