The Maryland Notice of Lawsuit and Request to Waive Service of Summons (AO 398) is a document issued to a defendant in a civil lawsuit in the state of Maryland. It is a notice that informs the defendant of a pending lawsuit and requests that they waive service of summons. This document must be properly served to the defendant in order for the lawsuit to move forward. There are two different types of Maryland Notice of Lawsuit and Request to Waive Service of Summons (AO 398): the AO 398A and the AO 398B. The AO 398A is used for defendants who reside or are found in Maryland, while the AO 398B is used for defendants who reside or are found outside of Maryland. Both types of documents provide the same information to the defendant, including the name of the court, the case number, the plaintiff’s name, the defendant’s name, and a request to waive service of summons. The documents must be executed by the plaintiff and the defendant in order to be valid.
Maryland Notice of Lawsuit and Request to Waive Service of Summons (AO 398)
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FAQ
How to Respond to a Case File a Notice of Intention to Defend: You must file this within 15 days of receiving the summons. The Notice is on the bottom half of the summons.File a Counterclaim, Cross-claim, or a Third-Party Complaint.
Notice of intention to defend. After service of the summons, the defendant has ten court (business) days in which to serve a formal confirmation of its intention to defend the action on the claimant's lawyers. Slightly longer time periods are permitted where summons is served outside of the jurisdiction of the court.
The Notice of Intention to Defend includes space for you to explain why you should not be required to pay the money the plaintiff claims you owe. You should be prepared to defend this (and other reasons) in court during the trial. Make sure you bring your exhibits and evidence.
File a Notice of Intention to Defend: You must file this within 15 days of receiving the summons. The Notice is on the bottom half of the summons. Once you have responded, the Court will send the plaintiff a copy of this notice. File a Counterclaim, Cross-claim, or a Third-Party Complaint.
In order to let the opposing party, or defendant, know you are filing a civil action, you must serve the opposing party with a copy of your complaint. This service is accomplished by issuing a summons through the Clerk's Office.
It informs a party legal action has been taken against them and allows the court to take jurisdiction over them. The U.S. constitution grants due process of law, which allows defendants the right to defend themselves against legal action. For this reason a Summons must be properly served on the defendant.
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.
The court will mail a summons to you. The summons must then be hand delivered to the defendant. The process server may also hand deliver the summons to an adult at the defendant's home who also lives there. The person who served the defendant must complete and file an affidavit of service with the court.
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.