How to Respond to a Lawsuit in Maryland: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Maryland. Last updated 2026-06-02

In Maryland, the deadline to respond to a civil lawsuit depends on which court the case is in. In the Circuit Court, a defendant served with a complaint generally has 30 calendar days to file a written answer under Maryland Rule 2-321(a), which directs that a party file an answer within 30 days after being served. The period stretches to 60 days if you were served outside Maryland but within the United States, served through the State Department of Assessments and Taxation or the Insurance Commissioner as a statutory resident agent, or served on the United States, and to 90 days if you were served outside the United States, under Rule 2-321(b). In the District Court, which hears civil claims up to $30,000, you respond instead by filing the Notice of Intention to Defend printed on the bottom of the summons within 15 days under Maryland Rule 3-307(b), or within 60 days if you were served outside the State or through a statutory resident agent. Two tracks work differently. In a Maryland small claims case, for claims up to $5,000, you are not required to file a Notice of Intention to Defend, but filing one within 15 days preserves your right to present a defense, and in all events you must appear at the trial date stated in the summons. In a failure to pay rent eviction under Maryland Code, Real Property 8-401(b)(4), no written answer is required at all; the summons sets trial on the fifth day after the complaint is filed, and the tenant appears at that trial to show cause. A response to a divorce or other family complaint in the Circuit Court is due within 30 days under Rule 2-321(a). If you miss a deadline where a response is required, the court can enter an order of default on the plaintiff's written request under Rule 2-613(b) and then a default judgment, which you can ask the court to vacate by filing a Motion to Vacate Order of Default within 30 days after entry under Rule 2-613(d).

How long do I have to respond to a lawsuit in Maryland?

It depends on the court and track. In the Circuit Court, Maryland Rule 2-321(a) gives you 30 calendar days after being served to file a written answer. In the District Court, which hears civil claims up to $30,000, you instead file the Notice of Intention to Defend printed on the summons within 15 days under Rule 3-307(b). In a failure to pay rent eviction, no written answer is required and you appear at the trial set for the fifth day after the complaint is filed.

How do I respond to a civil summons in Maryland?

How you respond depends on the court named in the summons. In the Circuit Court, you file a written answer with the clerk, serve a copy on the plaintiff or the plaintiff's attorney, and file a certificate of service under Maryland Rule 1-321(a). In the District Court, you respond by completing and filing the Notice of Intention to Defend printed on the bottom of the summons. Self-represented litigants may file through MDEC, by mail, or in person.

What happens if I don't answer a summons in Maryland?

If the time to respond has expired and you have not pleaded, the court, on the plaintiff's written request, shall enter an order of default under Maryland Rule 2-613(b). The court can then enter a default judgment for what the complaint requests. You can ask the court to set it aside by filing a Motion to Vacate Order of Default within 30 days after the order is entered under Rule 2-613(d).

How do I answer a summons without an attorney in Maryland?

Self-represented defendants can respond on their own. Maryland has no state-mandated general civil answer form for the Circuit Court, so you type your answer on standard pleading paper with the court, parties, and case number in the caption under Maryland Rule 1-301. In the District Court, you use the Notice of Intention to Defend on the summons. You can file through MDEC, by mail, or in person, and request a fee waiver on form CC-DC-089 if a fee applies.

Maryland response framework at a glance

Maryland's response rules turn first on which court your case is in, because the deadline and the form of response are different in the Circuit Court and the District Court. In the Circuit Court, which hears claims over $30,000 and most family cases, Maryland Rule 2-321(a) directs the defendant to file a written answer within 30 days after being served. That period becomes 60 days if you were served outside Maryland but within the United States, served through the State Department of Assessments and Taxation or the Insurance Commissioner as a statutory resident agent, or served on the United States, and 90 days if you were served outside the United States, under Rule 2-321(b). In the District Court, which hears civil claims up to $30,000, you do not file a full written answer to start. Instead, under Maryland Rule 3-307(b), you file the Notice of Intention to Defend printed on the bottom of the summons within 15 days, or within 60 days if you were served outside the State or through a statutory resident agent. Small claims is different again. For claims up to $5,000, the Notice of Intention to Defend is not required, but filing it within 15 days preserves your right to present a defense, and the operative obligation is to appear at the trial date stated in the summons. A failure to pay rent eviction is its own short track: under Maryland Code, Real Property 8-401(b)(4), no written answer is required and the tenant appears at trial held on the fifth day after the complaint is filed to show cause. Answers and notices are filed with the clerk of the court named in the summons and served on the plaintiff with a certificate of service under Rule 1-321(a). The Maryland Courts website at www.mdcourts.gov is the official source for the self-help pages on being sued, the small claims process, the fee-waiver request (CC-DC-089), and the MDEC electronic filing system.

Court Resources

Maryland Courts. What to do if you are sued in District Court

Official Maryland Judiciary self-help page explaining how to respond when you are sued in the District Court, including the Notice of Intention to Defend on the summons and the 15-day filing period under Rule 3-307(b).

Maryland Courts. Small claims

Official Maryland Judiciary small claims page, which confirms that defendants are not required to file a Notice of Intention to Defend but should file one to preserve the right to present a defense, and must appear at the trial date stated in the summons. The small claims dollar cap is $5,000.

Form CC-DC-089 (Request for Waiver of Prepaid Costs)

The official Maryland fee-waiver request a defendant can file instead of paying a court fee, based on receiving means-tested public assistance, income at the poverty level, or representation by a legal services organization.

Relevant Laws

Maryland Rule 2-321 (30-Day Circuit Court Answer)

Directs that a party file an answer to an original complaint within 30 days after being served, with 60 days allowed if served outside Maryland but within the United States or through a statutory resident agent such as the State Department of Assessments and Taxation or the Insurance Commissioner, and 90 days if served outside the United States, under Rule 2-321(b). This is the standard Circuit Court answer deadline.

Maryland Rule 3-307(b) (15-Day District Court Notice of Intention to Defend)

Provides that the Notice of Intention to Defend shall be filed within 15 days after service of the complaint in the District Court, which hears civil claims up to $30,000, with 60 days allowed if served outside the State or through a statutory resident agent. The notice is printed on the bottom of the District Court summons.

Maryland Small Claims (Notice of Intention to Defend Optional)

Under Maryland's small claims guidance, defendants are not required to file a Notice of Intention to Defend, but if you do not file one the judge might not let you present a defense at trial and will rely on what the plaintiff presents. The operative obligation is to appear at the trial date stated in the summons. The small claims dollar cap is $5,000.

Maryland Code, Real Property 8-401(b)(4) (Failure to Pay Rent Eviction. No Written Answer)

In a failure to pay rent action, the summons directs the tenant to appear before the District Court at the trial held on the fifth day after the complaint is filed and to answer the landlord's complaint to show cause why the demand should not be granted. No written answer is required; the tenant defends at that trial.

Maryland Rule 2-613 (Order of Default and Vacating Default)

Provides that if the time for pleading has expired and a defendant has failed to plead, the court, on the plaintiff's written request, shall enter an order of default, and that the defendant may move to vacate the order within 30 days after its entry by showing a substantial and sufficient basis for an actual controversy as to the merits and that it is equitable to excuse the failure to plead.

Maryland Rule 2-322 (Preliminary Motions)

Lets a defendant raise certain defenses by motion before filing an answer, including insufficiency of process, insufficiency of service of process, lack of jurisdiction, improper venue, and failure to state a claim upon which relief can be granted. Defenses of insufficient process or service must be raised by preliminary motion or they can be waived.

Maryland Code, Courts and Judicial Proceedings 5-101 (Three-Year Limit on Civil Actions)

Sets the general three-year statute of limitations for civil actions, including actions on a written contract, a key defense to check in debt-collection lawsuits before filing a response.

Regional Variances

Answer deadline by case track in Maryland

General civil complaint, Circuit Court (Maryland Rule 2-321(a))

30 calendar days after being served to file a written answer with the Circuit Court. The period is 60 days if you were served outside Maryland but within the United States or through a statutory resident agent such as the State Department of Assessments and Taxation or the Insurance Commissioner, and 90 days if served outside the United States, under Rule 2-321(b). This is the deadline for claims over $30,000.

District Court civil (Maryland Rule 3-307(b))

15 calendar days after service to file the Notice of Intention to Defend printed on the bottom of the summons in the District Court, which hears civil claims up to $30,000. The period is 60 days if you were served outside the State or through a statutory resident agent. The notice, not a separate written answer, is how you preserve your right to defend and obtain a trial date.

Small claims, District Court (claims up to $5,000)

The Notice of Intention to Defend is not required. Filing one within 15 days preserves your right to present a defense, but the operative obligation is to appear at the trial date stated in the summons. If you do not file the notice, the judge might limit your defense and rely on what the plaintiff presents, so appearing on the trial date is essential.

Failure to pay rent eviction (Maryland Code, Real Property 8-401(b)(4))

No written answer is required. The summons sets trial on the fifth day after the complaint is filed, and the tenant appears at that trial to show cause why the landlord's demand should not be granted. This is much faster than the general civil tracks, so a tenant must be ready to appear quickly.

Divorce / family response, Circuit Court (Maryland Rule 2-321(a))

30 calendar days after being served to file an answer in the Circuit Court, using the family law answer form CC-DR-050. Missing the window can let the case proceed by default and let the court decide property, support, and custody without your input.

Which Maryland court hears your case, by amount

Small Claims, District Court of Maryland

Hears claims up to the small claims dollar cap of $5,000. The Notice of Intention to Defend is optional, but the defendant must appear at the trial date stated in the summons to present a defense.

District Court of Maryland (civil)

Has exclusive jurisdiction up to $5,000 and concurrent jurisdiction up to $30,000. You respond by filing the Notice of Intention to Defend on the summons within 15 days under Rule 3-307(b). There is no separate fee to respond.

Circuit Court for the county

Has concurrent jurisdiction up to $30,000 and exclusive jurisdiction over claims above $30,000, plus most family cases. A written answer is required within 30 days under Rule 2-321(a), filed with the clerk of the court named in the summons.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your court and track. A Circuit Court complaint is due in 30 calendar days under Maryland Rule 2-321(a), or 60 to 90 days if you were served outside the State, through a statutory resident agent, or outside the United States, under Rule 2-321(b). In the District Court, the Notice of Intention to Defend is due in 15 days under Rule 3-307(b). In small claims, the notice is optional but you must appear at the trial date in the summons. In a failure to pay rent eviction, no written answer is required and you appear at the trial set for the fifth day after the complaint is filed. Mark the exact date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption and notice on the summons to confirm whether the case is in the Circuit Court (claims over $30,000 and most family cases), the District Court (civil claims up to $30,000), the small claims docket (up to $5,000), or a failure to pay rent eviction. The court decides how you respond: a written answer in the Circuit Court, the Notice of Intention to Defend in the District Court, or appearing at the trial date in small claims and eviction. Confirm the court named in the summons, because that is where you file.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts, such as statute of limitations, payment, release, accord and satisfaction, fraud, duress, estoppel, laches, contributory negligence, assumption of risk, res judicata, or statute of frauds. In debt cases, check the three-year contract limitations period under Maryland Code, Courts and Judicial Proceedings 5-101. If you have a claim against the plaintiff, you may assert it as a counterclaim, which is permissive under Maryland Rule 2-331(a).

Draft the answer or notice in the correct caption and format

Before the response deadline days after starting

In the Circuit Court, respond to each numbered allegation by admitting, denying, or stating you lack knowledge to admit or deny, then state your affirmative defenses. Maryland has no state-mandated general civil answer form for the Circuit Court, so type the answer on standard pleading paper with the court, parties, and case number in the caption under Maryland Rule 1-301. In the District Court, complete the Notice of Intention to Defend on the summons. For a family case, use form CC-DR-050.

Document: answer-to-complaint

File with the clerk of the correct court

On or before the response deadline days after starting

File with the clerk of the court named in the summons. Electronic filing through MDEC is mandatory for attorneys and optional for self-represented litigants, who may also file by mail or in person under Maryland Rule 20-106(a). There is no separate fee to file an answer in Maryland.

Serve the plaintiff and file a certificate of service

With or promptly after filing days after starting

Serve a copy of your filed answer on the plaintiff or the plaintiff's attorney by MDEC electronic service, by mail, or by hand delivery, and file a certificate of service under Maryland Rule 1-321(a). An answer that is filed but not properly served, or served without a certificate on file, can be challenged.

Request a fee waiver if you cannot afford a court fee

At the time of filing days after starting

There is no separate fee just to file an answer in Maryland, but if you file a counterclaim or otherwise owe a court fee and cannot pay it, file form CC-DC-089 (Request for Waiver of Prepaid Costs). Eligibility is based on receiving means-tested public assistance, income at the poverty level, or representation by a legal services organization. Filing the request lets you proceed without paying while the court decides.

Appear at the trial or move to vacate a default if you missed the deadline

As set by the court days after starting

Calendar every date the court sets, including the small claims trial date, the failure to pay rent eviction trial held on the fifth day after the complaint is filed, and any District Court trial. If an order of default was already entered, you can file a Motion to Vacate Order of Default within 30 days after entry under Maryland Rule 2-613(d) by showing a substantial and sufficient basis for a controversy on the merits. Attorney review is available as an option before you file if your case involves a short eviction trial date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Task	Description	Document	Days after starting
Calculate your response deadline from the date you were served	Find the deadline that matches your court and track. A Circuit Court complaint is due in 30 calendar days under Maryland Rule 2-321(a), or 60 to 90 days if you were served outside the State, through a statutory resident agent, or outside the United States, under Rule 2-321(b). In the District Court, the Notice of Intention to Defend is due in 15 days under Rule 3-307(b). In small claims, the notice is optional but you must appear at the trial date in the summons. In a failure to pay rent eviction, no written answer is required and you appear at the trial set for the fifth day after the complaint is filed. Mark the exact date on a calendar.	-	Day 0 (date of service)
Identify your case track and the correct court	Read the caption and notice on the summons to confirm whether the case is in the Circuit Court (claims over $30,000 and most family cases), the District Court (civil claims up to $30,000), the small claims docket (up to $5,000), or a failure to pay rent eviction. The court decides how you respond: a written answer in the Circuit Court, the Notice of Intention to Defend in the District Court, or appearing at the trial date in small claims and eviction. Confirm the court named in the summons, because that is where you file.	-	Within 2 days of service
Identify your defenses and any counterclaims	List the affirmative defenses that fit your facts, such as statute of limitations, payment, release, accord and satisfaction, fraud, duress, estoppel, laches, contributory negligence, assumption of risk, res judicata, or statute of frauds. In debt cases, check the three-year contract limitations period under Maryland Code, Courts and Judicial Proceedings 5-101. If you have a claim against the plaintiff, you may assert it as a counterclaim, which is permissive under Maryland Rule 2-331(a).	-	Before drafting the answer
Draft the answer or notice in the correct caption and format	In the Circuit Court, respond to each numbered allegation by admitting, denying, or stating you lack knowledge to admit or deny, then state your affirmative defenses. Maryland has no state-mandated general civil answer form for the Circuit Court, so type the answer on standard pleading paper with the court, parties, and case number in the caption under Maryland Rule 1-301. In the District Court, complete the Notice of Intention to Defend on the summons. For a family case, use form CC-DR-050.	answer-to-complaint	Before the response deadline
File with the clerk of the correct court	File with the clerk of the court named in the summons. Electronic filing through MDEC is mandatory for attorneys and optional for self-represented litigants, who may also file by mail or in person under Maryland Rule 20-106(a). There is no separate fee to file an answer in Maryland.	-	On or before the response deadline
Serve the plaintiff and file a certificate of service	Serve a copy of your filed answer on the plaintiff or the plaintiff's attorney by MDEC electronic service, by mail, or by hand delivery, and file a certificate of service under Maryland Rule 1-321(a). An answer that is filed but not properly served, or served without a certificate on file, can be challenged.	-	With or promptly after filing
Request a fee waiver if you cannot afford a court fee	There is no separate fee just to file an answer in Maryland, but if you file a counterclaim or otherwise owe a court fee and cannot pay it, file form CC-DC-089 (Request for Waiver of Prepaid Costs). Eligibility is based on receiving means-tested public assistance, income at the poverty level, or representation by a legal services organization. Filing the request lets you proceed without paying while the court decides.	-	At the time of filing
Appear at the trial or move to vacate a default if you missed the deadline	Calendar every date the court sets, including the small claims trial date, the failure to pay rent eviction trial held on the fifth day after the complaint is filed, and any District Court trial. If an order of default was already entered, you can file a Motion to Vacate Order of Default within 30 days after entry under Maryland Rule 2-613(d) by showing a substantial and sufficient basis for a controversy on the merits. Attorney review is available as an option before you file if your case involves a short eviction trial date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.	-	As set by the court

Frequently Asked Questions

A written answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough knowledge or information to admit or deny, and then states your affirmative defenses. Maryland has no state-mandated general civil answer form for the Circuit Court, so you type the answer on standard pleading paper with the court, parties, and case number in the caption under Maryland Rule 1-301. In the District Court you respond using the Notice of Intention to Defend printed on the summons rather than a separate written answer.

In the Circuit Court, file your written answer with the clerk of the court named in the summons within 30 calendar days of service under Maryland Rule 2-321(a), and serve a copy on the plaintiff or the plaintiff's attorney with a certificate of service under Rule 1-321(a). There is no separate fee to file an answer in Maryland. Attorneys must file electronically through MDEC, while self-represented litigants may use MDEC, mail, or in-person filing.

If the time for pleading has expired and you have failed to plead, the court, on the plaintiff's written request, shall enter an order of default under Maryland Rule 2-613(b), and the court can then enter a default judgment. You can move to set it aside by filing a Motion to Vacate Order of Default within 30 days after the order is entered under Rule 2-613(d). To succeed, you must show a substantial and sufficient basis for an actual controversy as to the merits and that it is equitable to excuse the failure to plead under Rule 2-613(e). Act quickly, because the 30-day window to vacate the order of default is short.

Often yes. Parties commonly agree in writing to extend the response deadline, and you can ask the court for more time. Filing a preliminary motion under Maryland Rule 2-322, such as a motion raising a defense before you answer, can also change when your answer is due until the court rules. Get any extension in writing or on the record, because the clock keeps running until the plaintiff agrees, the court grants more time, or you file your response.

There is no separate fee just to file an answer in Maryland, but if you file a counterclaim or otherwise owe a court fee and cannot pay it, you can ask the court to waive it. The request is made on form CC-DC-089 (Request for Waiver of Prepaid Costs), and eligibility is based on receiving means-tested public assistance, income at the poverty level, or representation by a legal services organization. Filing the request lets you proceed without paying while the court decides.

Yes. In the Circuit Court, the defenses of insufficiency of process and insufficiency of service of process must be raised by preliminary motion under Maryland Rule 2-322(a) before you file your answer, or they can be waived. If service did not follow the rules, you can challenge whether the court has jurisdiction over you. Raise a service problem promptly rather than ignoring the case, because ignoring the summons still risks an order of default and a default judgment under Rule 2-613(b).

Common affirmative defenses in Maryland include statute of limitations, payment, release, accord and satisfaction, fraud, duress, estoppel, laches, contributory negligence, assumption of risk, res judicata, and statute of frauds. To assert your own claim against the plaintiff, you may file a counterclaim, which under Maryland Rule 2-331(a) is permissive: a party may assert as a counterclaim any claim that party has against an opposing party. Plead the defenses that fit your facts in your answer.

Respond the same way as any civil complaint: file a timely response that admits or denies each allegation and raises your defenses. In debt cases, check the three-year statute of limitations for contract actions under Maryland Code, Courts and Judicial Proceedings 5-101, and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. section 1692g. Most debt claims up to $30,000 are filed in the District Court, where you respond by filing the Notice of Intention to Defend within 15 days, and claims up to $5,000 fall in the small claims docket, where you appear at the trial date stated in the summons.

A party served with a divorce or other family complaint in the Circuit Court generally has 30 days to file an answer under Maryland Rule 2-321(a). Maryland publishes a family law answer form, CC-DR-050, that you can use to respond. Missing the 30-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input. File your response with the Circuit Court named in the summons.

Maryland does not use a federal-style motion to dismiss by that name. The closest equivalent is a preliminary motion under Maryland Rule 2-322, which lets you raise defenses such as lack of jurisdiction, improper venue, insufficiency of service of process, or failure to state a claim upon which relief can be granted. A preliminary motion is generally filed within the same time you would have to answer, and if the court denies it you then file your answer within the time the rule allows.

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