You should explain to the sheriff that you have been unsuccessful at serving the party by mail and request their help. Ask the sheriff what the cost is for this service and if there are any other requirements. A blank certificate of service and or certificate of evasion of service may have to be mailed to the sheriff.
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You must mail a copy of the Answer and a copy of everything you are filing to the other side. Fill in the Certificate of Service at the bottom of the Answer.
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Do not forget to file your answer with the Clerk of Court. If you are serving a counterclaim with your answer, you may serve the counterclaim including all other domestic relations forms you have attached to the counterclaim by mailing copies of everything to the other side. Fill in the Certificate of Service at the bottom of the counterclaim.
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Do not forget to file the counterclaim and all the forms attached to the counterclaim with the Clerk of Court. If the person you are serving is currently incarcerated you must obtain their inmate number. You should not serve an inmate by certified mail. The inmate will not be able to sign for the package and the court may find that the service was not valid. You should serve an inmate by a sheriff or private process server. If you do not have the money to pay for this type of service you may want to have someone you know over the age of eighteen serve the papers.
You may have made several attempts to serve the other side using different methods. A Writ of Summons issued by the District Court is only good for 30 days. If after several attempts to serve the other side you still are not successful, you may have to consider serving the other side through alternative methods, such as Posting or Publication.
Service by Posting or Publication is only done when the person who has filed the documents has shown by affidavit that the whereabouts of the opposing party are unknown. Additionally, the person who has filed must show that reasonable efforts have been made in good faith to locate the opposing party.
The court may also order the notice to be published at least once a week for three weeks in one or more newspapers circulated in the county where the action is pending. On the day your case is scheduled, make sure you are there early. Often you will need to check in with the court personnel in the courtroom prior to your hearing. If you are not there when your case is called, your case could be thrown out or the court could rule in favor of the other side.
You may be able to show the court documents or other evidence, such as pay stubs or pictures. On the date of your hearing, 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 side and his or her witnesses will also have a chance to tell his or her story and can present the same kinds of evidence.
You will have a chance to cross-examine the other side and his or her witnesses.
Frederick County, Maryland Probate Court: Frederick County Register of Wills
You can find more details here on how to prepare for your day in court. If you want additional information, print this page out and show the citation below to your local law librarian. This site offers legal information, not legal advice.
We make every effort to ensure the accuracy of the information and to clearly explain your options. However we do not provide legal advice - the application of the law to your individual circumstances. The sponsored attorney advertisements on this site are paid attorney advertising.
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