Maryland Sample Letter for Summons by Publication for Defendant - Affidavit of Counsel
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FAQ
Rule 2-126 - Process-Return (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.
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).
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 ...
Tell the server to: Give the papers to a responsible adult where the Defendant lives, or to someone in charge where the Defendant works. Say, ?These are court papers.? Then, mail (first-class) a copy of the papers to the Defendant at the same address where s/he left the papers.
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.
In Maryland, an affidavit must be: In writing. Sworn to by the person making the statement. Signed by a notary public or other person authorized by law to administer oaths.
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.
The court requires proof of service. The person who served the documents should fill out an affidavit of service. An affidavit is a sworn statement. They should attach the return receipt with the other party's signature if served by mail.
