Overview
Process Server in Maryland: How Service of Process Works
Maryland doesn't license process servers: under Rule 2-123, the sheriff or any competent private person who is at least 18 and not a party to the case may serve. Rule 2-121 gives three standard methods, including certified mail marked 'Restricted Delivery', and a summons goes dormant if it isn't served within 60 days of being issued. If a defendant evades service, the court can order alternatives.
Who serves process
Who Can Serve Legal Documents in Maryland
Under Maryland Rule 2-123, service may be made by the sheriff or by any competent private person who is at least 18 and not a party to the action. Maryland has no licensing requirement for private process servers.
Companies are usually served through their resident agent, whose details are listed with the Maryland State Department of Assessments and Taxation (SDAT). If no resident agent exists or a good-faith attempt to serve one fails, Rule 2-124 allows other methods.
Typical documents include writs of summons and complaints, District Court papers, family law complaints, subpoenas and landlord-tenant papers.
Proof you receive: a sworn affidavit of service
The private server files an affidavit of service stating the date, place and manner of service and that they are at least 18 and not a party. For certified mail, the signed return receipt is attached.
Statewide service, including Baltimore City
Personal and resident service in all 23 counties and Baltimore City, with affidavits that meet Rule 2-123.
Evasion documentation
Detailed attempt records to support a Rule 2-121(b) or (c) motion when a defendant avoids service.
Resident agent service
Service on Maryland companies through their resident agent, after an SDAT records check.
The rules
Maryland Service of Process Rules
The Maryland rules that matter most for service:
| Rule | What it covers |
|---|---|
| Md. Rule 2-123 | Who may serve: the sheriff or a competent adult non-party |
| Md. Rule 2-121(a) | Personal, resident and restricted-delivery certified mail service |
| Md. Rule 2-121(b) | Court order when a defendant evades service |
| Md. Rule 2-121(c) | Other court-ordered means |
| Md. Rule 2-113 | Summons dormant if not served within 60 days |
| Md. Rule 2-124 | Serving corporations and other entities |
| Md. Rule 2-507 | Dismissal for lack of jurisdiction or prosecution |
Treaties
Maryland and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Maryland has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Maryland's law and on what your court allows.
Maryland is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
