Legal Question in Civil Litigation in Maryland

server processor lied on affadavit of service

I learned of a suit against me thru the courthouse website.Processor calls me and says that he was just past and cannot get back to hand me the complaint.He says he will leave it in the mailbox.Never got it.1st certificate of service states that he personally served me.Many errors in fact,ht,wt,age,location. I call him,tell him he has a problem and he needs to write a statement saying that it was not properly served,say OK. 1 week passes and a NEW cert gets stamped stating that he spoke with me thru the glass,told him to leave it in mailbox. I was not even at the residence at the stated time..all lies to cover his butt. Language in cert is certainly coached by the lawyer.

Question...how can I stop,challange or otherwise have the service reviewed before the motions hearing in Jan?


Asked on 11/21/07, 8:10 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: server processor lied on affadavit of service

Based on your question you want to obtain service so as to begin preparing for trial. You can send a notice to the court outlining the defects with prior service and make arrangements for obtaining the complaint. Other tactics may include enclosing your notice to the court via a certified mailing to the process server and attorney. You may want to outline in general terms the hours and a place where you are available to receive service. Based on what you are describing it appears that the actions may be leading to a finding of evasion of service.

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Answered on 11/22/07, 10:02 am


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