![]() ![]() The affidavit says you were personally served at an address where you did not live at the time of service.You can go to the Court Clerk’s Office and ask to see the affidavit of service in your case or (in most jurisdictions) look it up on a terminal in the courthouse. If you want to challenge service, you need to see what that affidavit says. Someone has to file an affidavit of service, saying how you were served. Maryland courts should not enter a judgment against a defendant unless they think the person was properly served. This article discusses some of the factors the court may consider when faced with a motion to vacate a judgment. ![]() A motion to vacate, in simplest terms, is a formal request to overturn a court’s previous judgement. If you have a judgment against you but were never properly served, you may be able to get the judgment vacated and then defend the lawsuit. These Rules are important, because people cannot defend themselves if they never knew about the lawsuit or were never properly served. ![]() Maryland Rule 3-121 governs service in the District Court, and it is has the same requirements. For the Circuit Court Maryland, Rule 2-121 states that service must be made by delivering by hand a copy of the complaint and summons, or by leaving it “at the individual’s dwelling house or usual place of abode with a resident of suitable age and discretion”, OR mailing it by certified mail, restricted delivery. Any collection lawsuit against you must be served on you. We’ve written previously about the law in these situations. Though Rotkiske did not allege that “sewer service” is itself a practice independently proscribed by the FDCPA, such service is nonetheless a fraudulent abuse that should trigger the fraud-based discovery rule. Klemm did so, according to Rotkiske, in order to ensure that Klemm’s untimely suit would result in a default judgment that would remain undiscovered until time to oppose that judgment, and to commence an FDCPA suit, ran out. Intentionally serving process in a manner designed to prevent Rotkiske from learning of the collection suit. In 2019 the late Justice Ruth Bader Ginsburg described “sewer service” in the Supreme Court case of Rotkiske v. If this sounds familiar, you may be a victim of bad service (also known as “sewer service”). You discover there was a lawsuit against you, and a judgment was entered. ![]()
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