trying to serve a summons

[terp]

What is the name of your state (only U.S. law)? Maryland

My attorney has tried to serve my x's attorney with a summons. It is for contempt for not paying Child Support. We are now on our 2nd re-issue. His attorney refuses to sign for it. Each summons is good for 90 days. This has been going on forever.

my question is this....can't we serve the attorney by certified mail and then just show the courts the signature proving service? This just doesn't sound right. I guess I am doubting my attorney at this point and I am afraid.

 

[penelope10]

What is the name of your state (only U.S. law)? Maryland

My attorney has tried to serve my x's attorney with a summons. It is for contempt for not paying Child Support. We are now on our 2nd re-issue. His attorney refuses to sign for it. Each summons is good for 90 days. This has been going on forever.

my question is this....can't we serve the attorney by certified mail and then just show the courts the signature proving service? This just doesn't sound right. I guess I am doubting my attorney at this point and I am afraid.

I'm in TX and laws may be different here, however, I am not understanding why service is going to the ex's attorney rather than the ex. (Since it's the ex that has the obligation and not his attorney). Please explain as to why service is being done this way. (If the attorney is not a true party what is trying to be accomplished by serving the attorney?)

 

[terp]

X lives out of state but his attorney is local. That is why my lawyer served him. My x travels for work and lives in a secured building. The expense of hiring an out of state server would be silly and difficult to say the least because it would be too easy for him to avoid service.

We are going to serve him when he drops off son from visitation. that will be the only time I know where he will be for sure.

My question though is whether or not it is legal for an attorney to avoid service. As his attorney, he is an authorized agent, right?

 

[Isis1]

are you absolutely sure the attorney is still the attorney of record and hasn't been subbed out?

 

[terp]

He is still the attorney on record.

 

[terp]

that's all I know. In Maryland, we are able to look up the case on line. His attorney is still listed as active. Is there another way of finding out?

 

[seniorjudge]

that's all I know. In Maryland, we are able to look up the case on line. His attorney is still listed as active. Is there another way of finding out?

When was your lawsuit ended?

 

[Zigner]

Why not have it personally served (on the attorney)?

 

[seniorjudge]

Why not have it personally served (on the attorney)?

I suspect (but, of course, do not know) that the opposing attorney is not in the case anymore and he will not accept service.

 

[Ohiogal]

You need to serve your ex not the ex's former attorney. Your ex is the one in contempt NOT the attorney. no wonder he is denying service. As would I.

The Rules of Civil Procedure state the following:

Summons.

Upon the filing of the complaint, the clerk shall issue forthwith a summons for each defendant and shall deliver it, together with a copy of each paper filed and a blank copy of the information report form required to be provided by Rule 16-202 b, to the sheriff or other person designated by the plaintiff. Upon request of the plaintiff, more than one summons shall issue for a defendant.

His attorney is NOT the defendant.

Rule 2-113. Process – Duration, dormancy, and renewal of summons.

A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.

Also:
Rule 2-121. Process-Service-In personam

Generally.

Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual’s dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: “Restricted Delivery—show to whom, date, address of delivery.” Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice.

Your attorney quite frankly is an idiot.

 

[Ohiogal]

Why not have it personally served (on the attorney)?

Because the rules require it to be served upon the defendant. It is a COMPLAINT. Who knows if the attorney (prior) will represent the individual in this case. They haven't filed a notice of appearance in this case. Hence it goes to the individual.

 

[Zigner]

Because the rules require it to be served upon the defendant. It is a COMPLAINT. Who knows if the attorney (prior) will represent the individual in this case. They haven't filed a notice of appearance in this case. Hence it goes to the individual.

Fair enough (I had ASSumed that, since this was an ongoing case, it could be served on the attorney - guess that bit me in the ASSumption, huh? )

 

[Ohiogal]

Fair enough (I had ASSumed that, since this was an ongoing case, it could be served on the attorney - guess that bit me in the ASSumption, huh? )

Cases close and reopen. I do several cases a year. If one reopens five years from now I am not still their attorney. It is sorta like starting over. I would NOT receive service on someone whose case closed out because that obligates me without knowing if they are going to hire me, pay me or even want me as their attorney. I don't get OP's attorney.

 

[Zigner]

Cases close and reopen. I do several cases a year. If one reopens five years from now I am not still their attorney. It is sorta like starting over. I would NOT receive service on someone whose case closed out because that obligates me without knowing if they are going to hire me, pay me or even want me as their attorney. I don't get OP's attorney.

Understood

 

[seniorjudge]

Understood

Yep...lawyers don't take you to raise!