Maryland Affidavit of Service (Private Process)

State:
Maryland
Control #:
MD-SKU-0018
Format:
PDF
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Description

Affidavit of Service (Private Process)

The Maryland Affidavit of Service (Private Process) is a document used to prove that legal documents have been served to a defendant in a civil legal case in the state of Maryland. The Affidavit of Service is a sworn statement made by an individual, called a “process server,” who has delivered legal documents to the defendant. The affidavit must include the time, date and manner of service, as well as the name and address of the person served. There are two types of Maryland Affidavit of Service (Private Process). The first type is known as a “Personal Service Affidavit,” which is used when the legal documents are served to the defendant directly. The second type is known as a “Substituted Service Affidavit,” which is used when the legal documents are served to a person authorized to receive them on behalf of the defendant.

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FAQ

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

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. The clerk creates a summons and mails it to the defendant. The clerk will collect a fee for this service.

The affidavit must be signed by you, and swear (or affirm) under the penalties of perjury that what you are saying is true. For example: ?I solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing paper are true.?

(a) Service by Delivery or Mail. An individual making service of process by delivery or mailing shall file proof of the service with the court promptly and in any event within the time during which the person served must respond to the process.

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.

If you think the defendant will try to avoid service, consider another method of service at the start. The second way to serve someone is to pay an extra fee to the court for the local sheriff's office or constable to serve the defendant in person.

Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons,

The adult serving the papers may NOT leave the package on the other side's doorstep, however they can leave it at the opposing party's home with someone else who lives in the same home, as long as the person you leave it with is "of suitable age and discretion." While the courts have not explained exactly what "

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Maryland Affidavit of Service (Private Process)