WHAT DO PROCESS SERVERS IN MARYLAND DO?

This article will provide guidance on What Do Process Servers in Maryland Do?  When someone being sued (the ‘defendant’) gets served with legal documents and summonses, they become officially aware of the lawsuit and their rights as a defendant. Court proceedings cannot proceed until the defendant has been served. Self-service to the defendant is prohibited. The defendant must be served by an adult, not a party to the action.

Making sure the opposing party has a copy of your court documents before filing them is called the ‘service of process.’ When filing a lawsuit, serving the opposing party with a copy of your complaint is an essential first step. This is why involving a private process service agency like Undisputed Legal is crucial. We ensure that your papers are taken care of and efficiently delivered.

UNDERSTANDING SERVICE IN MARYLAND 

Certified mail, the sheriff, or private process servers are the three options a client can have to serve papers. The clerk will prepare a summons and send it to the defendant through certified mail. A delivery person from the post office will deliver the summons to the defendant’s home and have them sign for it. If the defendant signs for the mail, a green return receipt will be submitted to the court as evidence of service.

After a party files a summons with the court, the private process server will attempt personal delivery by visiting the defendant at the address provided. The defendant’s adult cohabitant may be present when the process server delivers the summons to the defendant’s home. After the server has completed service, they will submit an affidavit of service to the court.

If a party needs to serve the defendant privately, another adult not engaged in the case may deliver the papers to them. A close friend or relative is often used. Using a private Maryland process service agency like Undisputed Legal is the best option for personal service. A summons from the court will be sent to your address. The defendant must be personally served with the summons. The summons may be hand-delivered to an adult resident of the defendant’s household as an alternative.

An affidavit of service must be completed and submitted to the court by the person who served the defendant. The defendant will also receive the affidavit of service with the summons. There is a deadline for responding to the summons. Return the summons to the court if it has not been served on the defendant before the deadline. If the first summons service effort fails, the parties have the option to try again by renewing the process. It is necessary to return  to the courtroom and fill out a ‘Request for Renewal of Writ of Summons.’ 

All types of court papers (summonses, complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notifications, motions, and more) are served by our Maryland process servers. Undisputed Legal is a comprehensive process serving agency in Maryland, offering our services to government entities on all levels (federal, state, and local) and private businesses and individuals.

HOW TO SERVE A SUMMONS IN MARYLAND

The court will issue a Writ of Summons within five to ten days in response to the Complaint or Petition. The original copy of the summons must be included in the submitted court paperwork (Complaint, Domestic Case Information Report, Financial Statement, etc.). When filing a Writ of Summons, the party must also provide a copy of the related complaint, petition, or motion. The opposing party must be served with these documents.

If the other party is difficult to find, private process servers like those at Undisputed Legal are a speedy and effective option. Documents for the service of the process should be given to the server. When the other party is served, it is necessary to have the process server return the Affidavit of Service. Once the affidavit is received, it is necessary to take the documents and a copy of the Writ of Summons and file them with the Clerk of Court.

Suppose the court receives an affidavit demonstrating that the defendant has taken steps to avoid service. In that case, it may order that the summons, complaint, and any other papers filed with it be sent to the defendant’s last known address and personally delivered to an adult with sufficient discretion at the defendant’s place of business.

Our process servers at Undisputed Legal can serve the documents promptly, ensuring that the recipient receives them in a timely manner. This is important because legal proceedings often have strict deadlines, and missing a deadline can have serious consequences. After serving the documents, we will prepare an affidavit of service. This affidavit can be used as evidence in court if there are any disputes about whether the documents were served properly.

SERVING PAPERS BY MAIL

The receiving party must acknowledge the documents and sign a physical receipt (green card). The person legally responsible for serving the papers must take the documents to the post office and send them by certified mail with limited delivery and a request for a return receipt. In order to prove that the documents were submitted and received, the adult must complete an Affidavit (the court provides a form for self-represented litigants in domestic relations proceedings – CCDR 56).  It is necessary to file the completed Affidavit with the Clerk of Court, the receipt (green card), and a copy of the Writ of Summons as evidence that the other party has been served.

It is necessary to involve the skills of a professional process server like those at Undisputed Legal since if the receipt (green card) is returned with the erroneous signature; it would require you to attempt the entire service again.  There must be at least thirty days between when the complaint is sent and when a response is due.

Proof of service must be filed with the court as soon as possible, and in any case, within the period during which the person served must reply to the process. Documentation must include the name of the individual served, the date, and the specific location and method of service. The original return receipt must be provided as evidence if the service was made through certified mail. Every person other than a sheriff who serves process must provide evidence of service in the form of an affidavit, which must also include a statement that the affiant is at least eighteen.

Suppose a party is unable to effect service of process. In that case, they must submit a return as soon as reasonably possible but no later than ten days after the process’s validity has expired.  Each time a writ of attachment, writ of execution, or another writ against property is carried out in a county other than where the writ originated, a return must be filed with the court in that county. The service is still valid even if proof of service is not provided. A writ of distraint or for eviction or possession may not be served on a Sunday, although other forms of the process may be.

We use professionally trained process servers and offer three (3) tiers of service to our customers across the state. We provide Routine Service, where the first attempt will be made in five to seven business days. We also provide Rush Service, wherein the server will make its first attempt within forty-eight hours. Additionally, service by mail can be provided, and we will send out your documents within forty-eight hours. 

Bear in mind the only difference between the service levels is the time they start. All of our servers will make up to three attempts as per due diligence requirements in the morning, afternoon, and evening. 

WHAT TO DO AFTER THE PAPERS ARE SERVED

Copies of the Response and any other documents to be submitted must be sent to the opposing party. A counterclaim may be served with a response by sending the opposing party a copy of the counterclaim and any additional domestic relations paperwork attached. It is then necessary to complete the counterclaim’s Certificate of Service section. The counterclaim and any accompanying paperwork must be filed with the Clerk of Court.

The opposite party must be served with the Writ of Summons issued by the Circuit Court within the sixty-day time limit. If they have not served the other party within sixty days, they must petition the Clerk of Court to issue a fresh Writ of Summons in writing. The District Court’s Writ of Summons has a thirty-day time limit from the day it is issued. 

Affidavit evidence demonstrating the inability to locate the opposing party is required before service by posting, or publication may be used. The party filing must also demonstrate that they’ve made good faith attempts to track down the other party. After the court determines that these requirements have been met, it may order service by sending a notice to the defendant’s last known address and having the sheriff post the notice at the courthouse’s front door or on a bulletin board within the courtroom. The notice may also be published in one or more newspapers with general circulation in the county where the case is pending at least once per week for three weeks at the discretion of the court.

The plaintiff must provide the clerk with the originals of the complaint, any exhibits and other papers attached to the complaint, and the information report required before any summons may be issued. As soon as the complaint is filed, the clerk must issue a summons to each defendant and have it delivered to the sheriff or other person specified by the plaintiff, with copies of any other papers filed and a blank copy of the information report form. A defendant may be served with several summonses at the plaintiff’s request.

 OUT-OF-STATE SERVICE

It is within the clerk’s discretion to forward service documents to the sheriff of another county when that sheriff is responsible for making the required service. The clerk must provide the process to the party’s authorized agent, who the clerk must approve if the party wants personal delivery to the sheriff of another county at the party’s cost. 

The deadline for serving a summons is sixty days from the day it was issued. Should service not be made within that time frame, the summons will become inactive unless the plaintiff renews it, which must be done in writing. The clerk must affix the official court seal to any documents that are intended to be served.

A plaintiff entitled by legislation to attachment before judgment may request an order ordering the issue of a writ of attachment at the time of filing a complaint beginning an action or during the pendency of the case. An affidavit corroborating the facts alleged in the complaint and setting out the reasons for eligibility to the writ must be submitted with the request. 

Undisputed Legal pride itself on involving our clients throughout the service of their papers. We provide GPS service affidavits and ensure that email updates are sent to you personally in ‘real-time.’ Even for service by mail, we provide an emailed copy of the affidavit prior to sending out the documents.

Only seasoned Maryland process servers who have met the most recent license, schooling, and bonding criteria set by the jurisdiction they serve process will do so. Undisputed Legal, Inc. is your best bet when it comes to tracking down and serving court documents on elusive defendants and witnesses. Additionally, new customers get a free basic skip trace!

FOR ASSISTANCE SERVING LEGAL PAPERS IN MARYLAND

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase.  Our dedicated team of professionals is ready to assist you. We can handle all your process service needs; no job is too small or too large!  For a complete list of our Maryland Process Service Coverage Areas, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide New York City service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

1. The requirements are a copy of form DCCV 10. There is a renewal charge, and then the extra costs are associated with using certified mail or sheriff service. The court will issue a fresh summons and trial date.

2. A copy of the summons, complaint, and all other papers filed with it may be served 

1. personally on the party to be served; 
2. on an individual party to be served by leaving a copy of the summons, complaint, and all other papers filed with it at the individual’s dwelling house or usual place of abode with a resident of suitable age and discretion; or 
3. on a business, party to be served by leaving a copy of the summons, complaint, and all other papers filed with it at the business’s Delivery of a certified letter satisfying the requirements of this Rule shall constitute full compliance with this Rule. 
4. If service is required to be rendered outside of the State, it may be done in whatever way the court or foreign authority requires, as long as it is fairly designed to convey real notice.

3. It is necessary to provide the process server with an extra form if you are representing yourself in a divorce, custody, visitation, child support, alimony, name change, or contempt proceeding.

4. These items MUST be submitted to the Court with each return of service:

1. Certified Process Server’s Printed Name
2. Email of Private Process Server Phone of Private Process Server
3. When the name of the Private Process Server is illegible, the service is not valid.

5. Where the plaintiff in an in rem or quasi in rem case submits an affidavit stating that the defendant cannot be located after reasonable attempts, the court may compel service by mailing a notice to the defendant’s last known address and notices posted by the sheriff at the courthouse door or on a bulletin board within its immediate vicinity; notice published at least once a week for three consecutive weeks in one or more newspapers of general circulation published in the county in which the action is pending; or notices posted by the sheriff in a conspicuous place on the land in question. The court may also require any other kind of notification it deems proper.

6. The notice must be signed by the clerk and include the case’s title, a summary of the complaint and the relief sought, the defendant’s deadline for filing a response, a warning that a default judgment or the relief sought may be entered against the defendant if the response is not filed on time, and any other information required by the court.

7. In order to be valid, a summons must include the following information: 

1. The name of the court and the assigned docket reference, 
2. The name and address of the party requesting the summons, 
3. The name and address of the person to be served as set forth in the complaint, 
4. The date of issue, 
5. The time within which it must be served, 
6. The time within which the defendant must file a response to the complaint by pleading or motion, and 
7. Notice to the defendant.

8. Upon application of any interested party, the court may appoint an elisor to serve or execute the process in cases where the sheriff is a party to or interested in the action to the extent that he or she is disqualified from doing so. Appointments are recorded with the clerk issuing process and need a judge’s signature. The elisor is authorized to serve and execute the process for which he or she was appointed and is entitled to the same fees as the sheriff.