The Maryland Plaintiff’s Affidavit to Secure Service by Posting or Publication is a legal document used to provide notice of a court action to a defendant when it is not possible to serve them personally. There are three types of Maryland Plaintiff’s Affidavit to Secure Service by Posting or Publication: Posting Affidavit, Publication Affidavit, and Combined Posting and Publication Affidavit. The Posting Affidavit is used when the defendant’s whereaboutgrunionnobuttut a physical address is known. It requires the plaintiff to post a copy of the summons and complaint in a conspicuous place on the defendant’s property. The Publication Affidavit is used when the defendant’s whereabouts and address are unknown. It requires the plaintiff to publish a notice in a newspaper of general circulation in the county where the lawsuit was filed. The Combined Posting and Publication Affidavit is used when both the defendant’s whereabouts and address are unknown. It requires the plaintiff to post a copy of the summons and complaint in a conspicuous place on the defendant’s property and to publish a notice in a newspaper of general circulation in the county where the lawsuit was filed. To obtain service by posting or publication, the plaintiff must submit an affidavit to the court. The affidavit must include the defendant’s name, the court case number, a description of the action sought, the date and place of posting or publication, and a statement that the plaintiff has been unable to serve the defendant personally. The affidavit must be signed and notarized.
Maryland Plaintiff's Affidavit to Secure Service by Posting or Publication
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How to fill out Maryland Plaintiff's Affidavit To Secure Service By Posting Or Publication?
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(a) Service by Delivery or Mail. If service is made under Rule 2-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.
(a) Service by Delivery or Mail. If service is made under Rule 2-121 (a)(2), the proof also shall set forth a description of the individual served and the facts upon which the individual making service concluded that the individual served is of suitable age and discretion.
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
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 "
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.
Service by Posting or Publication is only done when the person who has filed the documents has shown by affidavit that the whereabouts of the opposing party are unknown. Additionally, the person who has filed must show that reasonable efforts have been made in good faith to locate the opposing party.
(Md. Rule 2-321(c).) In the Maryland district court, a defendant must respond to a complaint by filing a notice of intention to defend within 15 days after service of the complaint (Md. Rule 3-307).
Rule 2-124 - Process-Persons to be Served (a) Statutes Not Abrogated. The provisions of this Rule do not abrogate any statute permitting or requiring service on a person.