Bel Air, MD asked in Civil Litigation for Maryland

Q: In MD, how many plaintiffs are allowed for a small claims court case? Could my wife and I both be the plaintiffs?

My wife opened a checking account on my suggestion to receive a $400 bonus after 2 direct deposits are made within 90 days. Now the bank is refusing to provide the bonus. I want to file a small claim, but my wife is not interested in physically going to court. I would like to file a case with both of us as plaintiffs (husband and wife) to pursue our case before the court instead of my wife.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: If the account was opened solely in your wife’s name, then only she can sue. The fact you’re married does not give you the right to sue as part of a “marital” claim. You have no standing or legal basis to proceed. The claim is your wife’s. She must sue on her own.

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