Legal Question in Civil Litigation in Maryland

If your wife is being sued for more than $5,000, I strongly recommend that she hire an attorney to represent her. Since the plaintiff has an attorney, I assume that they brought the matter in Circuit Court, not District Court. The rules of Circuit Court are less flexible and therefore harder for a pro se defendant to navigate.

The legal effect of not being served with a summon and copy of the complaint is that you have not received your "service of process." This means that you have not received your due process and a lawsuit cannot proceed against you. If there is an issue with how the plaintiff served you (or in your case, the fact that the plaintiff never served you at all), YOU MUST RAISE THAT ISSUE BEFORE YOU FILE YOU ANSWER TO THE COMPLAINT BY FILING A MOTION TO DISMISS THE CASE WITH THE COURT. The effect of this will be that the Court may dismiss the plaintiff's complaint (or chose from a variety of other options -- see Rule below). With that said, if the the Court dismissing the Plaintiff's case, it will also likely grant the plaintiff permission ("leave") to re-file the lawsuit and serve you. This will have the net effect of delaying the inevitable.

NOTE: I'm not sure what your wife is being sued for, but if it's related to a credit card, homeowners association dues, your mortgage, or a variety of other types of debts, it is possible that your wife has agreed to pay any attorneys fees related to collection of the debt. If this is one of those situations, which I cannot answer since I don't know what she is being sued for, she should think twice about filing a motion contesting service. By filing a motion contesting service of process in this case, your wife is causing the plaintiff additional attorney fees to get the same result, attorney fees that will ultimately be charged to your wife.

Here's the Maryland Circuit Court Rule about the motion to dismiss:

Rule 2-322. Preliminary Motions.

(a) Mandatory. The following defenses shall be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the person, (2) improper venue, (3) insufficiency of process, and (4) insufficiency of service of process. If not so made and the answer is filed, these defenses are waived.

(b) Not applicable to your situation.

(c) Disposition. A motion under sections (a) and (b) of this Rule shall be determined before trial, except that a court may defer the determination of the defense of failure to state a claim upon which relief can be granted until the trial. In disposing of the motion, the court may dismiss the action or grant such lesser or different relief as may be appropriate. If the court orders dismissal, an amended complaint may be filed only if the court expressly grants leave to amend. The amended complaint shall be filed within 30 days after entry of the order or within such other time as the court may fix. If leave to amend is granted and the plaintiff fails to file an amended complaint within the time prescribed, the court, on motion, may enter an order dismissing the action. If, on a motion to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 2-501.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

Has the agreement to settle been put in writing? Are you confident that you can negotiate any such agreement without the assistance of a lawyer?

Please check out my blog entry about whether you have to appear for a case if you have not been properly served, and the risks of no appearing:

http://mdconsumerdebtcollection.wordpress.com/2010/09/23/not-properly-served-do-i-have-to-go-to-court/

Even if you have an agreement in principal, until it is in writing and the case has been dismissed, you have to be on guard. My office is across the street from the courthouse in Rockville. I am available to discuss if you are still not sure what to do. My email is [email protected].

Good luck.

***This answer is intended for informational purposes and does not create an attorney-client relationship. Additional facts may change the response given. Consult with an attorney to obtain specific advice.***