Can someone else accept served papers in Maryland?
In the state of Maryland, the process of serving legal papers is a critical step in initiating legal proceedings. However, it’s not always feasible for the person being served to receive the papers personally. This raises the question: can someone else accept served papers in Maryland? The answer is yes, but there are specific rules and regulations that must be followed.
The Maryland Code, specifically Title 3, Subtitle 2, Section 5-401, outlines the rules for accepting served papers. According to this section, a person who is a resident of the same household as the defendant can accept service of process on the defendant’s behalf. This person is known as an “inhabitant” and must be at least 18 years of age.
Who Can Accept Served Papers in Maryland?
In addition to household residents, there are other individuals who can accept served papers in Maryland. These include:
1. A person of suitable age and discretion who resides at the same dwelling as the defendant and is known to the defendant.
2. A person who is authorized by the defendant to accept service of process.
3. A person who is authorized by the court to accept service of process.
It’s important to note that the person accepting the served papers must be able to communicate the receipt of the papers to the defendant. This means they must be capable of understanding the nature of the papers and the legal implications of accepting them.
How to Properly Accept Served Papers in Maryland
When someone else is accepting served papers in Maryland, it’s crucial to follow the proper procedure to ensure the validity of the service. Here’s what should be done:
1. The person accepting the papers must be present at the time of service.
2. The person must be informed of the nature of the papers and the legal consequences of accepting them.
3. The person must sign a receipt acknowledging the service.
4. The person must deliver the served papers to the defendant or provide proof of delivery to the court.
It’s worth mentioning that if the person accepting the served papers is not authorized to do so, the service may be deemed invalid. In such cases, the court may order another attempt at service or may dismiss the case altogether.
Conclusion
In conclusion, someone else can indeed accept served papers in Maryland, provided they meet the specific criteria outlined in the Maryland Code. However, it’s crucial to follow the proper procedure to ensure the validity of the service. By adhering to these guidelines, individuals can avoid complications and ensure that their legal rights are protected.
