Service of Process – The Basics and Challenges Thomas Mulinazzi MLO/Mulinazzi Law Office 410-290-6270 thomas@mulinazzi.com
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How to Serve the Defendant? 3
Maryland Rule 2-121 Service of Process MD Rule 2-121 RULE 2-121. PROCESS--SERVICE--IN PERSONAM (a) Generally. Service of process may be made within this State or, when authorized by the law of this State, outside of this State [via the following methods]: (1) [ HAND DELIVERY] by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) [ HANDING TO ADULT RESIDENT – at Defendant’s home] if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual's dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) [Certified Mail RESTRICTED DELIVERY] by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: “Restricted Delivery --show to whom, date, address of delivery.” Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice. 4
Baltimore City Notice to Pro Se Litigants 5
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If you chose to do original service via Certified Mail, you MUST send it Restricted Delivery. This means that ONLY the recipient can sign for the mailing. 8
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Who can hand deliver? • Not you (or any party to the case) • Over the age of 18 • Not insane (competent to testify and sign Affidavit of Service) How? • Hand delivery • Within the wingspan of the recipient • At their feet • GET CREATIVE but STAY SAFE! 10
Dog the Bounty Hunter 11
GET CREATIVE 12
This photo is of the Defendant who has attempted to evade service for months. The process server waited for him to come out of Subway. Knowing that if he ran away he risked dropping his sandwich, he decided to stay put. He is also prone to lie to the Court so we directed the process server to take a photo of him during service. 13
File an Affidavit of Service 14
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Costs of Service Sheriff’s Service. (a) Fee if served by Sheriff/Constable is $40 for each defendant. Fee if mailed by clerk is $10 for each defendant. (b) Sheriff/Constable service required by law and the fee is $40 for each defendant. (In Baltimore City, Sheriff service required by law. Fee for service by the Baltimore City Sheriff is $4. Call and ask first … or … don’t do it this way. https://www.courts.state.md.us/sites/default/files/import/district/forms/acct/dca109.pdf Private Individual – Costs vary depending on circumstances, efforts required, distance/location, etc. Get someone reliable! How Process Service Company – costs vary. Monumental Process Service will do low bono or pro bono service for MVLS attorneys. 17
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How do I find the Defendant? 19
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whitepages.com 24
https://vinelink.com/#/home/state/MD 25
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Have you made significant efforts to locate the Defendant? 28
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Filing a Motion for Alternate Service AND AFFIDAVIT 32
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Getting an Order (Signed by Judge) and Notice for Posting (Signed by Clerk of the Court) 36
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Comply with Method of Service Prescribed by Court Order 39
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Let Court Know You’ve Complied! (Affidavit, Line) 44
Request Order of Default and Non- Military Affidavit 45
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Court will Schedule a Hearing (Follow Up if They Don’t) 48
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