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  1. #1
    sfur is offline Junior Member
    Join Date
    Jan 2011
    Posts
    1

    what is a merit trial and how does it proceed?

    I initiated a suit in maryland against my tenant and the management company. the tenant did major poor remodeling that cost me $18k in direct out of pocket expenses, to put back to servicable condition. They also removed another $11k in chattle. like appliances, metal fences, a jacuzzi and even attached items where dismantled with tools then taken.

    There was also an Purchase Option to buy agreement but the management Lease agreement was very detailed in saying no work was to be done without written approval by the owners. they are out of the house, the pruchase option agreement is sign off as ended. After i repaired the house, i filed a complaint for breach of contract and theft on the tenants and breach of contract on management(non performance) to the amount of $28k keeping it in District Court. the tenants have responded with an attorney and i recieved thier 'notice to defend' .

    a week later i received notice from the court saying the type of proceeding will be a 'Merit Trial'.

    I am trying to go to court once becuase i actually live 1000 miles away. Will a Merit Trial proceed as a trial on that date or am i looking at a seperate trial date after 'Merit ' is determined? I do not have a lawyer(mainly cause im broke after the repair costs), do I have to respond to this notice in writting? did i state the complain right by saying the damages were breach of contract? in anybodies experince with district court, will the judge have partience with me in explaining my circumstances or expect me to be a lawyer? im probably going up against 2 lawyers. but the damages are criminal in action and clearly not supposed to have been done by the lease.

    I have damages over the $30k level of district court, but i kept the number under $30k to keep this in district court, on purpose, because i thought i could present my case without a lawyer. Circuit court demands lawyer level representation I beleive or it gets throw out easily.

    thanks
    Last edited by sfur; 01-28-2011 at 02:46 PM.
  2. #2
    Tex78704 is offline Member
    Join Date
    Aug 2010
    Posts
    518
    A merit trial or trial on merits is a trial based on the essential facts of the case.
    A decision or judgment will be given by the judge after a full presentation of evidence.

    You need to have your case fully prepared and ready that day. It is highly unlikely you will be given another chance after that.

    For that kind of money (30K+), you really should be using an attorney. Especially if you may be going up against two attorneys at trial. Your chances of losing, or at least not getting nearly as much as you could have, are much greater without an attorney.

    If you did not properly plead your allegations and relief sought in your complaint, as it appears here, this may cost you a large part of your case.

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