Bartlett v. Portfolio Recovery Associates, LLC

Respectfully, I concur in the judgment in both cases, Bartlett v. Portfolio Recovery Associates, and Townsend v. Midland Funding, but I write separately to explain my reasons.

Like the Majority, I conclude that Rule 3-306 sets forth the requirements for obtaining a judgment on affidavit, not the requirements for prevailing at a trial. Upon the filing of a timely notice of intention to defend pursuant to Rule 3-306(e)(1), the case proceeds as any other small claims action, and, pursuant to Rule 3-701(f), the District Court would conduct the trial in an informal manner, and Title 5, the Rules of…