NOTIFYING THE DEFENDANT

Trial cannot be held until the defendant has been served with a summons to appear and a copy of your Complaint.  The Summons and Complaint are sent to the defendant by certified mail, restricted delivery, return receipt requested, unless you ask the sheriff to serve (deliver) the papers, or unless you wish to have the papers served by a private process server"--any person over 18 years old not directly involved in the case, who will deliver the papers personally and return to the Court an affidavit that he or she has completed service.  If the Court or sheriff has attempted to serve the defendant without success, you will be notified.  You may then, for an additional fee, renew the Summons and attempt to serve the defendant.  You may decide to give the Court a different address for the defendant or try another method of service.

The Court should notify you if service has not been made, as well as whether the defendant who has been served intends to appear at trial If the defendant files his Notice of Intention to Defend, the Court may reschedule the trial date. Your trial cannot be held unless the defendant is properly served. If you have filed for affidavit judgment, judgment cannot be entered if defendant has not been served.

You may dismiss your claim at any time before the defendant files a notice of Intention to Defend. This dismissal is without prejudice. After that, and before judgment is entered, you may dismiss with prejudice. This means you cannot again file this claim.

IF YOU ARE SERVING A CORPORATE DEFENDANT

Serving original suit papers on a corporate defendant is very different from serving an individual or a company. It is important to serve the proper party which is usually called a Resident Agent.  Corporate officers such a President, Secretary, or Treasurer, may also be served.  It is not proper to serve employees of the corporation such as Office Manager, Service Manager, Cashier, etc.  If you serve the incorrect party the trial of your case may be delayed or the case may possibly be dismissed.  If you are not sure if the business you are suing is a corporation and/or you do not know the name and address of the Resident Agent, you may obtain this information by writing or calling:

State Department of Assessments & Taxation
Charter Division
301 W. Preston Street, Room 809
Baltimore, Maryland 21201
Phone: (410) 767-1350

If a corporate defendant does not have a Resident Agent, you may serve the President, Secretary, or Treasurer of the corporation. or you may serve the following listed state agency which is authorized to accept service for corporations that do not have a Resident Agent.

STATE DEPARTMENT OF ASSESSMENTS & TAXATION    

If you serve the State Department of Assessments and Taxation, you must provide to the Court two (2) copies of all of the suit papers.  You must also submit a check payable to the State Department of Assessments and Taxation in the sum of $50.00.

State Department of Assessments & Taxation
Charter Division
301 W. Preston Street, Room 809
Baltimore, Maryland 21201
Phone: (410) 767-1350

Again, it is imperative that you serve the proper party designated to accept service for a corporation.  Service on other than the proper parties, as listed above, may cause your case to be unnecessarily delayed, or possibly dismissed.

Last date of  legal review 5/1/08 (PLL/M.A.J.)

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