Legal Question in Credit and Debt Law in Maryland

Re: writ summons

Unless otherwise allowed by the court, this type of service is not permitted. One method of personal service is to leave the summons and complaint with a person of suitable age and discretion who resides at the residence.

The safest way to protect your interest and to ensure that you do not receive a default judgment is to file a motion to dismiss for insufficient service of process. Vacating an entry of default or default judgment is more bothersome and runs the risk that the judge may deny the motion thereby leaving you with a default. If you lose on a motion to dismiss, you can then file a formal answer and defend the matter.

Either hire an attorney to file the motion for you or after doing some legal research on the matter, file the motion for yourself. In any event, you must make sure you comply with the dates for filing the motion to dismiss. If this is a small claims matter, you may still have to show up to court to argue the motion and possibly defend the case.