Service of Process

When someone files a lawsuit for divorce or custody in Maryland, they have to serve the papers they file with the court on the person being sued. Here are some do’s and don’ts for personal service of process:

DO:
✓ Have someone over 18 years of age, of sound mind, and not part of the lawsuit, hand the papers to the person being sued; This can be done by a disinterested third person (don’t pick a friend or family member likely to engage in an altercation!); the sheriff of the county where the lawsuit is filed (for a fee); or a private process server. We usually choose the latter because, while they cost a little more than the sheriff, they almost always serve the papers.
OR
✓ Have the papers handed to someone over 18 years of age, of sound mind, and not part of the lawsuit, at the “dwelling place or usual place of abode,” of the person being sued;
OR
✓ Mail the papers to the person being sued, “by certified mail requesting: “Restricted Delivery — show to whom, date, and address of delivery.” We don’t use this unless there is no choice. The person being served may not be at home, may not go to the post office to pick up certified mail if they get a postal notice, or may not accept the papers at all. If used, it’s important to remember that plain certified mail won’t work. It has to be certified and restricted.

DON’T:
✗ Fax the papers
✗ Leave the papers taped to the person’s door (the illustration on this post falls into the category of how not to have someone served);
✗ Send the papers by regular or plain certified mail.
✗ Any other method than the ones described in the beginning of this post.

If you don’t get this right, the other party does not have to respond to your lawsuit. If you are trying to get court papers served and you aren’t sure how to get it right, you need full service representation.

Call us today to schedule an appointment.