Legal Question in Credit and Debt Law in Maryland
I just received a writ of summons for a lawsuit and there are many errors on the document, such as, it was never signed by a process server, even though it says it was supposed to be sent by one, it actually came by certified mail, and I didn't even sign for it. It said that I am in the Military, which I'm not, also my name is misspelled, due to the fact that I had a name change. AT the time, I made an appointment with the doctor, i was unemployed, and I thought my insurance would cover it, now Im being sued. Even though there are a lot of errors, should I still go to the resolution conference? Thanks!
1 Answer from Attorneys
A writ of summons need not be signed by a process server before serving. Instead, the plaintiff must serve (either by sheriff, private process or by certified mail) and afterwards the plaintiff needs to file an affidavit of service with the courts. If summons were improperly served (say by being sent by first class mail or never delivered at all) then a defendant can raise such issues by motion.
Typically a name misspelling will not affect the suit and minor errors may not have any impact. That being said, attending mediation often is a good idea.
While I hope that this general legal information helps, it does not create any attorney/client relationship nor does it take the place of specific legal advice. You may wish to consult with an attorney to review the details of any pending litigation against you.