Can a voice message serve as proof of service for the courts?

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Can a voice message serve as proof of service for the courts?

If a defendant was served via certified mail regarding a business matter. The defendant did not reply to the requests but did leave me a voice message stating “I received the second round from your attorney…”

Asked on July 22, 2011 Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it can not.  Although I am unfamiliar with the exact requirements under the procedural laws in the state of Maryland, I feel fairly certain that the courts would require what is known as an affidavit of service where the person that served the required documents signed an affidavit in front of a notary and it is then filed with the courts under the index number assigned to the case.  Why, may I ask, would you need to use the voice message anyway?  It sounds as if your attorney in the case took care of the service and it was probably properly made.  Call him or her and ask.  Good luck. 


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