topics on this page
- what is the service process?
- how do I submit a complaint or petition?
- what are the service methods?
- what is bailiff service?
- what is service by private process?
- what is service by certified mail?
- how do I serve a response?
- what if the person I’m serving is in jail?
- what if no delivery is made?
- what happens after the document is served?
- what happens in court?
what is process service?
“Process service” is making sure the other party receives a copy of the documents you are filing (for example, a complaint). If you are starting a case, your case cannot proceed until the other party receives your complaint. someone who is over the age of 18 and is not a party to the lawsuit may serve. The person responsible for the service must physically deliver a copy of all necessary forms to the person you filed a lawsuit against in court (the defendant).
It is very important that you serve the defendant correctly. if you don’t, the court may dismiss your case.
read the rule for the circuit court: md. 2-101 rule
read the rule for district court: md. 3-101 rule
read the law: md. code, courts and judicial procedures § 6-301
Note: During the rest of the case, you’ll also need to make sure that all other parties receive copies of almost every document you file in the case. For more information on ongoing service requirements, see service and service certificates.
How do I submit a complaint or petition?
The court will issue a summons 5 to 10 days after you file your complaint or petition. The court clerk will send the writ of summons to your mailing address, if you are the person who filed the document.
You will need to attach the original copy of the summons to the packet of forms you filed with the court (complaint, internal case information report, financial statement, etc.). You must ensure that the subpoena is attached to a copy of the complaint, petition, or motion. These papers must be delivered by the other side.
read circuit court rules: md. rules 2-112, 2-113, 2-121
read the district court rules: md. rules 3-112, 3-113, 3-121
In district court, there is another convenient option. As long as your case is one where service can be served by certified mail, you can pay the clerk’s office a fee to do the mailing for you. see below for more information on certified mail service.
what are the notification methods?
The service can be performed in one of the following ways:
- bailiff or bailiff
- private process,
- certified mail
you cannot serve the other side. Whichever method you choose, you must also provide the court with proof that the other party was served. a person can be notified at home, at work, or anywhere else they happen to be.
read the rule: md. rule 1-321
read the rule for the circuit court: md. rule 2-123
read the rule for district court: md. rule 3-123
what is the bailiff’s service?
One of the responsibilities of the sheriff or county bailiff is to serve defendants in civil lawsuits. the fee for this service is usually $40 to $60. service fees can be found on the maryland judiciary website. District court fees are the same statewide, but circuit court fees may vary. If you decide to pay for this service, you can ask the court clerk (the person he will file your complaint with) what the cost of the service is. it is your responsibility to find out whether or not the person has been served. the bailiff will send the clerk a “return of service” to prove that the bailiff served the papers. he may have to call the clerk several times before the other party is served.
what is private process service?
There are two ways to serve someone through a private process: (1) through a private process service company for a fee, or (2) through an adult over the age of 18 who is not a party to the lawsuit. you cannot serve the papers yourself.
private process at the service of companies:
This method is usually fast and is especially useful if the other side is difficult to locate. ask the court clerk to mail you the subpoena order. If you are representing yourself in a divorce, custody, visitation, child support, alimony, name change, or contempt case, you must file an additional form with the process server. deliver to the notifier the papers to be delivered. ask the server to return the completed affidavit of service to you once they have served the other party. Once you have all the necessary documents, you must return to court and file the completed affidavit with a copy of the summons attached with the court clerk. For each return of service, you must provide the court with the following:
- private process server printed name
- private process server mailing address
- private process server phone number
if the private process server name is unreadable, the service will be considered unacceptable.
If you are representing yourself in a divorce, custody, visitation, alimony, name change, or contempt case, you must use the domestic relations forms ccdr 55 and ccdr 56 found in the circuit court website
private process with an adult over 18:
This is an inexpensive way to serve someone. the private process server cannot be you. the adult serving the papers must serve the papers directly to the other party. The adult serving the papers cannot leave the package at the other side’s door, however, they can leave it at the other party’s house with another person who lives in the same household, as long as the person they leave it with is “adult”. and discretion.” Although the courts haven’t spelled out exactly what “appropriate age and discretion” means, the person must not be a minor and must be able to understand that the documents need to be served on the defendant. It is best to notify someone who is close to opposing party than to someone who is not, even if they live at the same residence when delivered directly to the opposing party, the service package need not be placed directly into the hands of the other party, they should only be notify them that the documents are being served with this method, the server may even leave the documents at your feet, and it is still an adequate service the person who served the other party must complete an affidavit of service (private process, ccdr 55 for divorce, custody, visitation, alimony, alimony, name changes, or contempt cases) you must submit the affidavit of service along with a copy of the subpoena order with the clerk of court to prove that the other party was served.
read the rule for the circuit court: md. 2-121 rule
read the rule for district court: md. 3-121 rule
what is the certified mail service?
This is a good method of notification if the other party lives far away from you. requires the other party to accept the papers and personally sign the receipt (green card). The adult who served the documents (remember, it can’t be you) must take the documents to the post office and follow the instructions for sending them by certified mail, restricted delivery, return receipt requested. the adult must complete an affidavit (the judiciary has a form for self-represented litigants in domestic relations cases – ccdr 56) stating that he or she mailed the documents and that the other party received them. If the other party receives the papers, the receipt (green card) will be returned to you with the other party’s signature. attach the receipt (green card) and a copy of the subpoena to the completed affidavit, and file the affidavit with the clerk of court as proof that the other party received the documents.
There are some problems with this type of service. hostile opposing parties will not want to and may refuse to sign the letters or simply will not go to the post office to pick them up. in these cases, other methods of service, such as by the sheriff or by a private service, would be preferable.
If the receipt (green card) is returned with the wrong signature or if the entire envelope is returned undelivered, you will need to make another delivery attempt or see an attorney. be sure to keep notes and records of all your attempts to notify the party, whether or not these attempts are successful.
If you have trouble serving a party by certified mail, you can contact the sheriff in the county where the party lives. You should explain to the bailiff that you have not been able to serve the party by mail and ask for their help. ask the sheriff what the cost is for this service and if there are any other requirements. a blank certificate of delivery and/or certificate of evasion of delivery may need to be mailed to the bailiff.
how do I submit a response?
You must mail a copy of the answer and a copy of everything you are submitting to the other party. complete the certificate of service at the end of the answer. Don’t forget to file your answer with the court clerk.
If you’re serving a counterclaim with your answer, you can serve the counterclaim (including any other domestic relations forms you’ve attached to the counterclaim) by sending copies of everything to the other party. fill out the certificate of service at the bottom of the counterclaim. Be sure to file the counterclaim and all forms attached to the counterclaim with the clerk of court.
read the rule for the circuit court: md. rules 2-321, 2-323
read the rule for district court: md. rule 3-307
what if the person I’m serving is in jail?
If the person you are serving is currently incarcerated, you must obtain their inmate number. You can get this by calling the jail with the inmate’s social security number. You will need to have the person’s inmate number on all necessary documents.
You may not notify an inmate by certified mail. the inmate will not be able to sign for the package and the court may determine that the service was invalid.
You must serve an inmate through a bailiff or private process server. If you don’t have the money to pay for this type of service, you can ask someone you know who is over the age of eighteen to serve the papers. If someone you know plans to care for the inmate, they should do the following:
- call the prison to find out when visiting hours are
- go to the prison during visiting hours
- when the sheriff brings the server to meet with the inmate the server must slip the papers to the inmate and inform him that they have been served
- after the server has served the inmate, the server must complete an affidavit of service of process
then you must file the affidavit of service with the court.
what happens if the service is not performed?
You may have made several attempts to notify the other party using different methods. a subpoena order issued by the circuit court is only good for 60 days, so you must serve the other party within those 60 days. you will have to ask the court clerk in writing to issue a new subpoena order if the other party has not been served within 60 days. a summons order issued by the district court is only good for 30 days.
read the rule for the circuit court: md. rule 2-113
read the rule for district court: md. 3-113 rule
If after multiple attempts to notify the other party you are still unsuccessful, you may need to consider notifying the other party through alternative methods such as posting or posting.
Servicing by mail or publication is only done when the person who has presented the documents has shown by means of an affidavit that the whereabouts of the opposing party are unknown. In addition, the person who has filed must show that reasonable efforts have been made in good faith to locate the opposing party. Once those criteria are met, the court can order service by mailing a notice to the opposing party’s last known address and posting the bailiff’s notice on the courthouse door or on a nearby bulletin board. the court may also order that the notice be published at least once a week for three weeks in one or more newspapers circulating in the county where the action is pending.
read the rule for the circuit court: md. 2-122 rule
what happens after the document is delivered?
the person receiving the notice has 30 days to respond if served in maryland, 60 days to respond if served out of state, and 90 days to respond if you receive the notice outside of the United States.
read the rule for the circuit court: md. rule 2-321, 2-323
read the rule for district court: md. rule 3-307
what happens in court?
On the day your case is scheduled, be sure to arrive early. You will often need to check in with court staff in the courtroom before your hearing. if you are not present when your case is called, your case could be dismissed or the court could rule in favor of the other party. If you have to miss your court date due to an emergency, contact the court before your hearing is scheduled.
You may be able to show the court documents or other evidence, such as pay stubs or photographs. On your hearing date, have your documents and other evidence with you, in order, and have extra copies (3 copies of each document is usually a safe number).
The other party and their witnesses will also have the opportunity to tell their story and will be able to present the same type of evidence. You will have the opportunity to cross-examine the other party and their witnesses.
You can find more details here on how to prepare for your day in court.