Legal Question in Civil Litigation in Maryland

Do I need to be served?

There is a court date scheduled for a civil matter regarding a judgement that was entered against me. The attorney was trying to get court costs that have already been paid and legal fees that the judge denied. I have tried to pay the judgement but they want twice what was entered. A month ago, the attorney had me come to court before a master to answer questions about my assets I told the master that I've tried to pay the judgement and post judgement interest but they won't accept them without me paying what I've already paid and what was denied by the judge. The master wouldn't hear the case and the attorney requested a date before a judge. I've not been served with anything but I've called to find out if there was a hearing. The assignment clerk said the hearing was on Tuesday May 24th but the process server returned he summons as being unable to serve. My question is, do I have to show up, even if I haven't been served?


Asked on 5/20/05, 5:17 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Do I need to be served?

The short answer to your question is no, since the court only acquires jurisdiction over you when you've been formally summoned. However, it sounds from your statement that the attorney will simply have the summons reissued and eventually they will serve you. So it becomes a question of whether you want to get this over with sooner rather than later. The plaintiff can only collect what the judgment says they are entitled to,including court costs and interest on the judgment at 10%. If you are prepared to pay that amount, you should send a certified check or money order to the plaintiff's attorney and mark it "in full satisfaction of the judgment". You should also prepare a line to the court to be signed by the plaintiff's attorney which says "judgment paid and satisfied", ask him/her to sign and return it to you and then you file it with the clerk's office. This will protect your credit record.

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Answered on 5/23/05, 5:31 am


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