What Do I Do Next, Writ of Summons Divorce

Posted by Thomas MallonMay 19, 20150 Comments

Sally, Hyattsville, MD asks:

My daughter was served with a Writ of Summons on my behalf for a Child Support Modification Case. The Writ of Summons is in my name, not my daughters' name. I was under the impression that a summons should be served on the person who is named in the case, not the other party. How should this be handled. The sheriff officer who served my daughter, can he say that I was served, although, he did not physically serve me?


The short answer is , “yes”.  Service of Process, which is the delivery of a Writ of Summons and the Complaint, Petition or Motion that makes a person aware of a case against them, does not have to be hand delivered to that person in order to effectuate service, but instead provides for a reasonable method to letting the other party know something has been filed against them.

So if your daughter lives with you and she is of an age that a reasonable person would expect your daughter to give you the paperwork once received, than you have been served.  If you want to know more about the specific statute governing service of process for a civil complaint, look to  MD Rule 2-121(a)(2).