Legal Question in Appeals and Writs in Maryland

Can I Appeal this?

A judgement was entered against me in a law suit. I was sued in my absence. Although the law office had my address, I was not served any official court papers. I did not know that I had a court date until after I was sued. I have read that the law generally favors people to have their fair day in court. Can I appeal this judgement?


Asked on 1/21/02, 12:18 pm

2 Answers from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Can I Appeal this?

Yes you can appeal on the basis of lack of/defective service. The basis of your appeal is not that the suit had no merit, but rather, that you were never given proper notice of the suit through established court procedures. You can go to the court file and look for what the opposing party submitted for service of process on you. If what you posted is true, there should not be anything there since you were never served a writ of summons. If the suit was in District Court, you would appeal to Circuit Court, but you must move quickly. You probably should find an attorney, a least to get the appeal properly noted if you still have time to file the appeal, ususally 30 days from the date judgment was entered.

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Answered on 1/21/02, 1:14 pm
Daniel Press Chung & Press, P.C.

Re: Can I Appeal this?

You probably cannot appeal because the trial court did not do anything wrong. However, you may be able to move to vacate the judgment due to lack of service. Contact a lawyer immediately.

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Answered on 1/21/02, 4:23 pm


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