Form DC-CV-001 "Complaint/Application and Affidavit in Support of Judgment" - Maryland

What Is Form DC-CV-001?

This is a legal form that was released by the Maryland District Court - a government authority operating within Maryland. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2021;
  • The latest edition provided by the Maryland District Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form DC-CV-001 by clicking the link below or browse more documents and templates provided by the Maryland District Court.

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Download Form DC-CV-001 "Complaint/Application and Affidavit in Support of Judgment" - Maryland

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DISTRICT COURT OF MARYLAND FOR
COMPLAINT/APPLICATION AND AFFIDAVIT
LOCATED AT (COURT ADDRESS)
IN SUPPORT OF JUDGMENT
☐ $5,000 or under
☐ over $5,000
Clerk: Please docket this case in an action of ☐ contract ☐ tort ☐ replevin
CASE NO.
CV
☐ detinue ☐ bad faith insurance claim ☐ consumer debt (original creditor)
The particulars of this case are:
PARTIES
Plaintiff
VS.
Serve by:
Defendant(s)
Certified
1.
Mail
Private
Process
Constable
Sheriff
Serve by:
2.
Certified
Mail
Private
Process
(See Continuation Sheet)
Constable
☐ I am interested in trying to resolve this dispute through mediation/ADR.
Sheriff
(You will be contacted about ADR services after the defendant is served.)
Serve by:
3.
Certified
The plaintiff claims $
, plus interest of $
,
Mail
interest at the ☐ legal rate ☐ contractual rate calculated at
%,
Private
Process
from
to
(
days x $
per day)
Constable
and attorney’s fees of $
plus court costs.
Sheriff
☐ Return of the property valued at $
and damages of
4.
$
for its detention in an action of replevin.
Serve by:
Certified
☐ Return of the property, or its value, $
and damages
Mail
of $
for its detention in action of detinue.
Private
☐ Other:
Process
Constable
and demands judgment for relief.
Sheriff
Signature of Plaintiff/Attorney/Attorney Code
Attorney Number
Printed Name:
ATTORNEYS
Address:
For Plaintiff – Name, Address, Telephone Number & Code
Telephone Number:
Fax:
E-mail:
MILITARY SERVICE AFFIDAVIT
Verified through DOD at:
☐ Defendant(s)
is/are in the military service.
http://scra.dmdc.osd.mil/
Name
☐ No defendant is in the military service. The facts supporting this statement are:
Specific facts must be given for the Court to conclude that each Defendant who is a natural person is not in the military.
☐ I am unable to determine whether or not any defendant is in military service.
I hereby declare or affirm under the penalties of perjury that the facts and matters set forth in this Affidavit are true and correct to the best of
my knowledge, information, and belief.
Date
Signature of Affiant
APPLICATION AND AFFIDAVIT IN SUPPORT OF JUDGMENT (See Plaintiff Notice on Back Page)
The attached documents contain sufficient detail as to liability and damage to notify the defendant clearly of the claim against the defendant,
including the amount of any interest claimed.
☐ Properly authenticated copy of any note, security agreement upon which claim is based ☐ Itemized statement of account ☐ Interest
worksheet ☐ Vouchers ☐ Check ☐ Other written document ☐
☐ Verified itemized repair bill or estimate
I HEREBY CERTIFY: That I am the ☐ plaintiff ☐
of the plaintiff herein and am competent to testify to the
matters stated in this complaint, which are made on my personal knowledge; that there is justly due and owing by the defendant to the
plaintiff the sum set forth in the complaint.
I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of this document are true.
Date
Signature of Affiant
DC-CV-001 (front) (Rev. 07/01/2021)
CMPET
Reset
DISTRICT COURT OF MARYLAND FOR
COMPLAINT/APPLICATION AND AFFIDAVIT
LOCATED AT (COURT ADDRESS)
IN SUPPORT OF JUDGMENT
☐ $5,000 or under
☐ over $5,000
Clerk: Please docket this case in an action of ☐ contract ☐ tort ☐ replevin
CASE NO.
CV
☐ detinue ☐ bad faith insurance claim ☐ consumer debt (original creditor)
The particulars of this case are:
PARTIES
Plaintiff
VS.
Serve by:
Defendant(s)
Certified
1.
Mail
Private
Process
Constable
Sheriff
Serve by:
2.
Certified
Mail
Private
Process
(See Continuation Sheet)
Constable
☐ I am interested in trying to resolve this dispute through mediation/ADR.
Sheriff
(You will be contacted about ADR services after the defendant is served.)
Serve by:
3.
Certified
The plaintiff claims $
, plus interest of $
,
Mail
interest at the ☐ legal rate ☐ contractual rate calculated at
%,
Private
Process
from
to
(
days x $
per day)
Constable
and attorney’s fees of $
plus court costs.
Sheriff
☐ Return of the property valued at $
and damages of
4.
$
for its detention in an action of replevin.
Serve by:
Certified
☐ Return of the property, or its value, $
and damages
Mail
of $
for its detention in action of detinue.
Private
☐ Other:
Process
Constable
and demands judgment for relief.
Sheriff
Signature of Plaintiff/Attorney/Attorney Code
Attorney Number
Printed Name:
ATTORNEYS
Address:
For Plaintiff – Name, Address, Telephone Number & Code
Telephone Number:
Fax:
E-mail:
MILITARY SERVICE AFFIDAVIT
Verified through DOD at:
☐ Defendant(s)
is/are in the military service.
http://scra.dmdc.osd.mil/
Name
☐ No defendant is in the military service. The facts supporting this statement are:
Specific facts must be given for the Court to conclude that each Defendant who is a natural person is not in the military.
☐ I am unable to determine whether or not any defendant is in military service.
I hereby declare or affirm under the penalties of perjury that the facts and matters set forth in this Affidavit are true and correct to the best of
my knowledge, information, and belief.
Date
Signature of Affiant
APPLICATION AND AFFIDAVIT IN SUPPORT OF JUDGMENT (See Plaintiff Notice on Back Page)
The attached documents contain sufficient detail as to liability and damage to notify the defendant clearly of the claim against the defendant,
including the amount of any interest claimed.
☐ Properly authenticated copy of any note, security agreement upon which claim is based ☐ Itemized statement of account ☐ Interest
worksheet ☐ Vouchers ☐ Check ☐ Other written document ☐
☐ Verified itemized repair bill or estimate
I HEREBY CERTIFY: That I am the ☐ plaintiff ☐
of the plaintiff herein and am competent to testify to the
matters stated in this complaint, which are made on my personal knowledge; that there is justly due and owing by the defendant to the
plaintiff the sum set forth in the complaint.
I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of this document are true.
Date
Signature of Affiant
DC-CV-001 (front) (Rev. 07/01/2021)
CMPET
Reset
NOTICE TO DEFENDANT
Before Trial
This complaint contains the details of the claim against you and the relief that the plaintiff (the person or company suing you)
seeks. The plaintiff has the burden to provide evidence to prove their case at trial. If the plaintiff has completed the affidavit portion of
the complaint form, the evidence should be attached to the complaint.
You may hire your own attorney. If you’re not able to hire an attorney, you can get legal help from an attorney through a Maryland
Court Help Center. Court locations are open Monday to Friday from 8:30 a.m. to 4:30 p.m. Help is available by phone at
410-260-1392 or by live chat Monday through Friday from 8:30 a.m. to 8:00 p.m. For Help Center locations, visit:
mdcourts.gov/helpcenter.
The clerk of the court is not permitted to give you legal advice. If you have any questions, you should consult the Maryland Court Help
Center or your own attorney.
If you wish to contest (fight) the claim, you must file the Notice of Intention to Defend (located at the bottom of your summons). The
case will be set for trial. If you wish to have your witnesses appear at trial, you should contact the clerk’s office at least two weeks
before the trial date to request subpoenas, and you should bring to court on the trial date all evidence you want the court to consider. If
you don’t bring your evidence to the hearing, the judge can’t consider it.
If you do nothing, you could lose even though you did not appear in court. A judgment could be entered against you with
consequences that may include a lien on your property, garnishment of your wages, and freezing your bank account.
You may request a remote hearing. At the remote hearing you would not appear in person, but rather by computer, tablet, or other
appropriate electronic device. For more information about remote hearings, visit mdcourts.gov/district/remotehearings or contact the
court (mdcourts.gov/district/directories/courtmap). If you do not attend the hearing, a judgment could be entered against you.
If Judgment is Entered Against You (If You Lose)
IF YOU DISAGREE WITH THE COURT’S RULING, you may:
1. Ask the court for a new trial by filing a Motion for a New Trial within 10 days after the entry of judgment, stating your reasons
clearly. If the court denies your motion, you may still file an appeal; if the court grants your motion, you must appear in the
District Court for a new trial.
2. Ask the court to change the judgment by filing a Motion to Alter or Amend the Judgment within 10 days after the entry of
judgment.
3. Ask the court to change or undo the judgment by filing a Motion to Revise or Vacate the Judgment within 30 days after the entry
of judgment.
4. APPEAL to the Circuit Court, by filing a Notice of Appeal in the District Court within 30 days after the entry of judgment. You
will have to pay a filing fee (see Guide to Appeal Fees - DCA-109A), unless the court determines that you are indigent. If the
amount of the claim, not counting court costs, interest, and attorney’s fees, was $5,000 or less, you will have a new trial in the
circuit court. If the amount of the claim, was more than $5,000, you will also have to order and pay for a transcript of the District
Court trial record, by contacting the District Court clerk’s office (see Transcripts & Recordings Brochure - DCA-027BR).
IF YOU DECIDE NOT TO APPEAL AND NOT TO FILE ONE OF THE ABOVE MOTIONS, you may contact the plaintiff or
plaintiff’s attorney to arrange to pay the amount owed. If you do not pay the amount owed, the plaintiff or plaintiff’s attorney may
initiate further proceedings to enforce the judgment, including:
1. Judgment Debtor Information Sheet: You may receive form CC-DC-CV-114 from the plaintiff requesting information
about your income and debts. If you complete the form accurately and return it to the creditor as indicated, you will not have
to answer interrogatories or appear for an oral examination for at least a year from the date of judgment.
2. Interrogatories: These are written questions. You must answer these written questions about your income and assets in
writing under penalties of perjury.
3. Oral Examination: You must appear in court to testify in response to questions about your assets and income.
4. Writ of Execution: This document requires the sale or seizure of any of your possessions. Some of your property or
possessions may be protected from the writ. These exemptions are explained in detail on the reverse side of the Writ of
Execution - form DC-CV-040. The court could order you to pay additional expenses such as towing, moving, storage fees,
advertising costs, and auctioneer’s fees incurred in executing the writ.
5. Garnishment of Property: The court may issue a writ freezing your bank account or holding your assets until further court
proceedings.
6. Garnishment of Wages: The court may issue a writ ordering your employer to withhold a portion of your wages to pay your
debt. The law provides certain exemptions from garnishment.
If you have any questions, you should consult an attorney. The clerk of the court is not permitted to give you legal advice. More
information can be found in court brochures located in the clerk’s office or online at: mdcourts.gov/district/public_brochures or
mdcourts.gov/legalhelp/moneyissues
NOTICE TO PLAINTIFF
REQUESTING A JUDGMENT BY AFFIDAVIT OR DEFAULT:
Federal Law requires the filing of a military service affidavit. Information about the Servicemembers Civil Relief Act and the required
affidavit can be found on the court’s website at: mdcourts.gov/reference/scra.
AFTER THE COURT ENTERS A JUDGMENT:
1. If the court enters a judgment for a sum certain, you have the right to file for a lien on real property.
2. If you disagree with the outcome of the case, you have the same post-trial rights as the defendant does:
you may file an Appeal, a Motion for New Trial, a Motion to Alter or Amend the Judgment or a Motion to Revise or Vacate
the Judgment. See above for further information concerning these rights.
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DC-CV-001 (back) (Rev. 07/01/2021)
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