What constitutes valid service of process regarding a summons?

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What constitutes valid service of process regarding a summons?

My wife was given a writ of summons credit card default to give to me. It was delivered by the sheriff to an address that I no longer reside at and has never touched my hands. Is this a valid “service”? What options do I have?

Asked on March 26, 2012 under Bankruptcy Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the law, it is presumed that if there is a returned proof of service concerning a summons and complaint filed with the court by the process server stating that it was properly served, that it was. If your wife received the summons that you are writing that was delivered to an address that you no longer reside at, you very well may have been validly subserved with process under the law.

The point is that you now have in hand the summons and complaint concerning a lawsuit against you. The options that you have are to answer the summons and complaint with a filed answer in court, file a motion to quash service stating that you were not timely served (this most likely will be a futile act in the end) or do nothing and risk a possible default judgment against you.


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