Legal Question in Credit and Debt Law in Maryland
I am being sued by a local hospital for $500, which looks like a copay for a 6 day hospital stay. I never received a bill, and from looking at my insurance EOB, it looked like they paid it all, so I never thought there to be a balance. Apparently there is. Anyway, they had a law firm file against me in Howard County District Court for the money. A process server came to my house when I was not home and 'served' my father a packet of papers - not in an envelope or folded up or anything. All stapled, the server circled the court date for him and attached was a detailed printout of the hospital bill! Of course, when I got home, my dad was angry that I was being sued and 'not paying bills'. I was very embarrassed. My question is 1. isn't this improper service? and 2. Can they legally do that - with all the hospital information clearly attached for anyone, including my father, to read? 3. I need to respond with an intention to defend. Should I do that if I wasn't properly served? and 4. Can I just pay the hospital the $500 and then ask the court for a dismissal? Thank you.
1 Answer from Attorneys
To answer your first and second questions, Yes, it is permissible under Maryland law to effectuate service by serving another adult at the home and there is no legal requirement that papers be in an envelope or otherwise private.
Your third and forth questions really ask for specific legal advice (not general legal information) and you are encouraged to sit down with an attorney for a consultation. That being said, a defendant should file the Notice of Intention to Defend anytime there is a valid defense to suit. In a debt collection case one can pay the underlying debt and defend on that basis but it is often prudent to contact the plaintiff's attorney as paying the debt separately may not cover all court costs, interest, late fees and other charges that may be owing depending on the circumstances.
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