Service of Process The Basics and Challenges Thomas Mulinazzi - - PowerPoint PPT Presentation

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Service of Process The Basics and Challenges Thomas Mulinazzi - - PowerPoint PPT Presentation

Dec 15, 2023 234 likes •793 views

Service of Process The Basics and Challenges Thomas Mulinazzi MLO/Mulinazzi Law Office 410-290-6270 thomas@mulinazzi.com 2 How to Serve the Defendant? 3 Maryland Rule 2-121 Service of Process MD Rule 2-121 RULE 2-121.

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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?

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Maryland Rule 2-121 Service of Process

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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.

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Baltimore City Notice to Pro Se Litigants

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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.

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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!
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Dog the Bounty Hunter

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GET CREATIVE

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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.

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File an Affidavit of Service

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Costs of Service

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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.

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How do I find the Defendant?

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whitepages.com

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https://vinelink.com/#/home/state/MD

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Have you made significant efforts to locate the Defendant?

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Filing a Motion for Alternate Service AND AFFIDAVIT

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Getting an Order

(Signed by Judge)

and Notice for Posting

(Signed by Clerk of the Court)

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Comply with Method

  • f Service Prescribed

by Court Order

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Let Court Know You’ve Complied! (Affidavit, Line)

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Request Order of Default and Non- Military Affidavit

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Court will Schedule a Hearing

(Follow Up if They Don’t)

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facebook.com/MVLSProBono/ Maryland Volunteer Lawyers Service @MVLSProBono

Visit www.mvlslaw.org/events for more info on upcoming training and clinics!

Maryland Volunteer Lawyers Service

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Resources for MVLS Volunteers: Looking for Pro Bono Cases?

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Pro Bono Portal

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FREE Upcoming Training & Volunteer Opportunities:

Go to mvlslaw.org/events for more info!

December 5- Human Trafficking and LGBTQIA+ Populations December 10- AirBnB: Know Before You Rent (Out)

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FREE Recorded Trainings:

Go to mvlslaw.org/recorded-trainings

Recordings of past trainings are available in the following categories:

  • Consumer
  • Estate Planning & Estate Administration
  • Expungement
  • Family Law
  • Housing
  • Human Trafficking Prevention
  • Tax
  • Miscellaneous (business and soft skills)
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