Maryland State Process Server
$159 Routine - $209 Rush
In Maryland, process serving refers to delivering legal documents, such as a summons, complaint, or subpoena, to a party in a legal case. Maryland has specific rules governing process serving to ensure that the party being served is properly notified of legal proceedings. Here are the key points regarding process serving in Maryland:
1. Who Can Serve Process?
- Adults: The process server must be an adult (18 years or older) and cannot be a party to the case.
- Sheriff or Private Process Server: The sheriff of the county where the defendant resides or a private process server can serve the documents. Private process servers must be licensed.
2. Methods of Service
Maryland law allows several methods of service, depending on the nature of the case and the type of documents being served. The methods include:
- Personal Service: The most common method. The documents must be handed directly to the defendant (individual).
- Substitute Service: If the defendant is not available, documents can be left with a person of suitable age and discretion at the defendant’s residence or place of business. The documents must also be mailed to the defendant’s address.
- Service by Mail: In some cases, documents can be mailed to the defendant by certified mail with a return receipt requested. The defendant must sign the receipt to acknowledge they received the documents.
- Service by Publication: If the defendant cannot be found after a diligent search, the court may allow service by publishing a notice in a local newspaper.
3. Service of Process Timing
- General Rule: Service of process must generally be made within 60 days from the date the complaint is filed in court.
- Time for Response: Once served, the defendant typically has 30 days to respond to the complaint or the legal action may proceed in their absence.
4. Special Rules for Certain Documents
- Subpoenas: These can be served by a sheriff or a private process server.
- Eviction Notices: If the service is related to eviction proceedings, the process server may need to follow specific landlord-tenant regulations, including serving a notice of intent to evict.
5. Affidavit of Service
After service is completed, the process server must file an Affidavit of Service with the court. This affidavit verifies that the documents were served in accordance with the rules and includes details about the method of service, date, time, and place.
6. Service on Corporations
If the defendant is a business entity, such as a corporation or LLC, the process may be served on:
- The company’s registered agent.
- The company's office or place of business if there is no registered agent.
7. Alternative Service Methods
- If the defendant is evading service, a court order can allow alternate methods, such as service by publication, which is typically used when the defendant’s whereabouts are unknown.