The Basics of Service of Process in Maryland
“Service of Process” is the procedure of delivering legal documents to the defendant or person named in a lawsuit to give them formal notice of legal action. This is an essential part of due process of law, meaning everyone involved in a legal case must be notified if legal action is being taken against them.
In the state of Maryland, the person serving the documents must be at least 18 years old, not involved in the lawsuit, and physically give copies of all the required forms to the defendant. The documents to be served (“Service of Process”) can include summons, complaints, subpoenas, writs, and other court papers.
The complaint starts the case and must be served before the case can move forward. You must also serve copies of almost every document you file throughout the case to all other parties involved in the lawsuit.
It is important to note that if the defendant isn’t served properly, the court may dismiss your case.
The court will issue a “Writ of Summons” 5-10 days after you file your complaint or petition and mail it to the address you filed with the court. You must attach the original summons to the set of forms filed with the court and serve these documents to the defendant.
The most important part of process serving is the Proof of Service, more formally known as the Affidavit of Service, because the court requires proof that the defendant received the documents. In most cases where the filing party has an attorney, your attorney will handle most or all of the aspects of getting the other party served.
Here are the 3 acceptable methods of service in Maryland:
Service by Private Process: Service can be completed by a private process serving company for a fee or by an adult over 18 who is not involved in the lawsuit. If you are anyway involved in the lawsuit, you cannot serve the papers yourself. Private process servers must provide the court with their printed name, mailing address, and telephone number.
For cases of divorce, custody, visitation, child support, alimony, name changes or contempt, you must use the domestic relations forms CCDR 55 and CCDR 56. Private process server fees vary depending on distance travelled and urgency. Most private process servers offer regular service (5-7 days), expedited, and same-day service with fees ranging from $65-$200.
Service by Sheriff: The local county sheriff or constable is responsible for serving defendants in civil lawsuits. Service fees, typically $40-60, are listed on the Maryland Judiciary Website. You are responsible for confirming that the defendant was served. The sheriff will send a “return of service” to the court as proof of service. When using the Sheriff keep in mind that process serving typically isn’t their first priority, so in some cases it can take weeks to get something served. Also, the local Sheriff most likely won’t make the same amount of attempts that a private process server would try and may not put as much effort into finding the person they are trying to serve.
Service by Certified Mail: For this method, the server takes the documents to the post office and mails them via certified mail, restricted delivery, return receipt requested. This is a good option if the defendant lives far away, but requires the defendant to sign the receipt (green card).
A completed Affidavit (CCDR 56 for domestic relations cases) along with the signed receipt and a copy of the Writ of Summons must be filed with the court as proof of service. This method is not preferable for hostile defendants who might refuse to sign for the documents. If the receipt comes back with the wrong signature, or undelivered, you will need to try serving again or consult with an attorney. It is recommended to keep records of all attempts to serve, successful or not.
Process Serving Someone in Jail or Prison in Maryland
If the person you are trying to serve is incarcerated, you will need to obtain their inmate number from the jail by calling and providing their social security number.
Do not serve an inmate by certified mail, as they will not be able to sign for the package, and the court might rule the service invalid.
Instead, you should serve an inmate by sheriff or private process server.
How Long is a Summons good for in Maryland?
In Maryland, a Writ of Summons issued by the Circuit Court is valid for 60 days, but only 30 days for District Court.
If the defendant hasn’t been served within that timeframe, you must request a new Writ of Summons from the court in writing.
If you have made several attempts to serve the defendant and are unsuccessful, you can consider “Service by Posting or Publication.” This is only allowed if you prove through an affidavit that the defendant’s location is unknown and you have made reasonable efforts to find them.
The defendant has 30 days to respond if served in Maryland, 60 days if served out of state, and 90 days if served outside of the United States.
Maryland Court Rules on Service of Process
In Maryland, you can review the court rules on service of process for the District Court here and for the Circuit Court here.
Responsibilities of a Process Server
Process servers play a crucial role in the legal system, and their responsibilities extend beyond simply delivering documents. They are expected to:
- Thoroughly research and locate individuals or businesses: They must utilize various resources to accurately identify and locate the defendant, including information providing by the filing party or their attorney, plus (in some cases) their own primary research.
- Adhere to all applicable laws and regulations: They must be knowledgeable of and comply with the rules of civil procedure in each jurisdiction.
- Serve documents in a professional and ethical manner: They must avoid misrepresentation, impersonation, or any unlawful activities.
- Maintain accurate and detailed records: They must meticulously document all attempts and methods of service, ensuring proper proof of service.
- Communicate effectively with clients: They must keep clients informed of the status of service attempts and any challenges encountered.
Using Smith & Good for Your Service of Process Needs
With years of experience in process serving, our team has the familiarity with legal documents and terminology and the ability to research and locate individuals and businesses using a variety of methods.
We utilize web-based technology to enable a frictionless experience for our law firm clients to request a new service, get updates on the status of open jobs, and review all relevant records (GPS records, affidavits, etc.).
We offer service in Frederick, Washington, Montgomery, Howard, and Prince George’s counties and provide rush/same-day service if needed.
Contact us today for more information on Service of Process, or to submit a request.