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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91941
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What is the law about service of a lawsuit in Maryland? Someone

Customer Question

What is the law about service of a lawsuit in Maryland?

Someone (individual) sued my company but instead of serving us or the resident agent they served on the Department of Labor, Licensing and Regulation ("DLLR"). Is that legal? If so, is/was the plaintiff required to make attempts to serve on an officer or the resident agent of the company first ... or can they just serve the DLLR?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under Maryland Rules of Civil Procedure 2-124:

Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other person expressly or impliedly authorized to receive service of process.

General Partnership.

Service is made upon a general partnership sued in its group name in an action pursuant to Code, Courts Article, § 6-406 by serving any general partner.

Limited Partnership.

Service is made upon a limited partnership by serving its resident agent. If the limited partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any general partner or other person expressly or impliedly authorized to receive service of process.

Limited Liability Partnership.

Service is made upon a limited liability partnership by serving its resident agent. If the limited liability partnership has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any other person expressly or impliedly authorized to receive service of process.

Limited Liability Company.

Service is made upon a limited liability company by serving its resident agent. If the limited liability company has no resident agent or if a good faith attempt to serve the resident agent has failed, service may be made upon any member or other person expressly or impliedly authorized to receive service of process.

Unincorporated Association.

Service is made upon an unincorporated association sued in its group name pursuant to Code, Courts Article, § 6-406 by serving any officer or member of its governing board. If there are no officers or if the association has no governing board, service may be made upon any member of the association.

 

Substituted Service Upon State Department of Assessments and Taxation.

Service may be made upon a corporation, limited partnership, limited liability partnership, limited liability company, or other entity required by statute of this State to have a resident agent by serving two copies of the summons, complaint, and all other papers filed with it, together with the requisite fee, upon the State Department of Assessments and Taxation if (i) the entity has no resident agent; (ii) the resident agent is dead or is no longer at the address for service of process maintained with the State Department of Assessments and Taxation; or (iii) two good faith attempts on separate days to serve the resident agent have failed.

 

Thus, they have used substitute service to serve, but it should have been served on the State Department of Assessments and Taxation only in those specific cases in the statute.

 

 


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Customer: replied 1 year ago.


1.- The plaintiff never tried even once to serve the complaint on the defandant (LLC) to allow service on SDAT (as required by 2-124). I checked the court file yesterday and the plaintiff used 2 letters he had written before filing the complaint (in which he had sent his purported bills to the defandant) as the justification for service on SDAT. So does it mean we can ask the court to disallow service? If so what would the correct title of the Motion be?


 


2.- The Defandant has a separate case pending against the same plaintiff, so would it be proper for it to ask the Court that both cases be heard together since they pertain to a the same (or similar) issue/job and would courts time and defandant's money and time? If so, what would be the title of the Motion? Do you have a sample?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If the plaintiff never tried to make the service, you can file a motion to dismiss for improper service of process. The courts at that point will have to consider the service and order them to serve you correctly or dismiss the case against you.

2) If the cases are based on the same facts and circumstances or issues, then you can file a motion to consolidate the cases to be heard at the same time.

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