Maryland Sample Letter for Request to Serve Summons Upon Defendants
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West's Annotated Code of MarylandMaryland Rules A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.
A subpoena shall be served by delivering a copy to the person named or to an agent authorized by appointment or by law to receive service for the person named or as permitted by Rule 3-121 (a)(3).
Any person who serves process by delivery or mailing must file proof of service with the court within the time to reply for the person served. Md. Rule 2-126(a). The proof must include the name of the person served, the date, and the place and manner of service.
If you are not served legally, you can request that the court dismiss the case for improper service. File your request as soon as possible before the trial date on the DC-002, Motion. If the judge grants your request and postpones the trial, the plaintiff will have to serve you with a new summons.
Personal service - delivering a copy of the summons and complaint to the defendant personally. Constructive service - summons and complaint are left at the defendant's last and usual place of abode. Substituted service - summons and compalint are delivered to the defendant's agent, mailed, or published in a newspaper.
You may not serve the defendant yourself. Someone else, 18 or older, who is not involved in the case, must serve the defendant. There are three ways to serve someone: by certified mail, sheriff, and private process. Select how you wish to have the Defendant served by checking the box on your Complaint form.
Your private process server must hand deliver the summons to the defendant. The process server may also leave the papers at the defendant's house with an adult who also lives there. Your private process server must then complete an affidavit of service. This is form CC-DR-055.
When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant's last known residence and delivering a copy of each to a person of suitable age and ...
