What happens if a private process server submitted a false affidavit of service for a court summons?
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What happens if a private process server submitted a false affidavit of service for a court summons?
I recently checked public court records and it indicates a civil summons was served upon me on 12/17/10. The MD District Court has scheduled a trial date for 2/7/11. The problem is that I never received the summons by any method under Maryland Civil Procedure. In fact I have not received the summons at all. MD Civil procedure provides 15 days after service of summons to file a Notice of Intent to defend. That time is expired since I allegedly was served on 12/17/10. What can I do since this is clearly a falsified affidavit of service submitted to the court.
Asked on January 12, 2011 under Bankruptcy Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What is the 2/7/11 date for? Is it a motion for a default judgement? You should go down to the court house and file an answer the the summons and complaint immediately. When you file the answer you need to raise what is known as an affirmative defense as to lack of personal jurisdiction in that you were not served with the summons and complaint in the matter. You need to appear on the 11th for whatever it is that is on. If the court accepts the answer then it will set a hearing on the issue of service of the summons and complaint. Get a copy of the affidavit of service if you can and read it carefully as to the time, date and person allegedly served. You should seek legal help. Good luck.
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