Legal Question in Civil Litigation in Maryland

what happen if the person did not responded in three tries one was calling and one was cretified letter and one was fileing for divorced and now severing hoim now

Asked on 9/10/19, 4:53 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

If you are asking about service of process and what happens when someone doesn't respond to attempts to serve them, the case shouldn't move forward if a defendant is not served. In Maryland a person must be personally served to be in a case. It doesn't much matter how many tries it takes (1,3,5 or whatever) since until a person is personally served with summons and the complaint in any civil matter, the case cannot go forward. If a defendant seems to be intentionally evading service the court in some cases might authorize "alternate" service on that defendant.

If you are asking what happens when a person already personally served with a Complaint fails to respond or "answer", that is where "default" comes in. A defendant who doesn't answer after the requisite time frame (usually 30 or 60 days after formal service of process) is in default. Once all deadlines pass for answering with no answer, the plaintiff can ask the court to issue an "order of default." After a default order is issued and sent to the defendant, the plaintiff can go back to the court and ask for "default judgment" -- so long as the plaintiff can show why they are entitled to win, default usually ends the case in the plaintiff's favor.

The above provides very general information. The specific facts of your situation may affect how the law applies to you or your case. Lawsuits can become very complex and require strict adherence to the rules of civil procedure. You may wish to carefully review those rules and/or engage an attorney to represent you in any pending litigation. Nothing in this post is intended to offer case-specific advice or any promise to represent.

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Answered on 9/10/19, 1:52 pm

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