These updated instructions incorporate the requirement for at least four service attempts and highlight the importance of including evidence showing that the defendant is aware of the case filing, where applicable.
1. Statutory and Procedural Framework
Maryland Rule 2-121(c) governs motions for alternative service. This rule permits alternative service when personal service cannot be achieved despite diligent efforts. Paralegals must ensure compliance with the following statutory requirements:
Reasonable Diligence: Demonstrate multiple efforts to personally serve the defendant.
Proof of Efforts: Include an affidavit documenting all attempts to serve the defendant.
Alternative Methods: Propose methods reasonably calculated to provide notice.
2. Minimum Service Attempts
Our office requires at least four service attempts before filing a motion for alternative service. These attempts should include:
Multiple Attempts at Different Times: Ensure service attempts are made on different days (including weekends, if possible) and at varying times (e.g., morning, afternoon, evening).
Certified Mail: Document any certified mail attempts, including whether the mail was returned unclaimed or undeliverable.
Investigative Efforts: Conduct skip tracing using tools like TLO to uncover alternative addresses or contact points.
Follow-Up on Any Leads: If neighbors, property managers, or other sources provide leads, document additional attempts at those locations.
3. Evidence of Defendant’s Knowledge
If there is evidence that the defendant is aware of the case filing, this should be included in the motion. Examples of such evidence include:
Communication from the Defendant: Emails, phone calls, or other records showing the defendant has acknowledged the case.
Attempts to Evade Service: Instances where the defendant is seen at the property but avoids opening the door or otherwise refuses service.
Third-Party Information: Statements from neighbors, landlords, or others indicating the defendant is aware of the lawsuit.
Social Media Activity: If the defendant has posted or commented about the case, screenshots or printouts may be included as evidence.
Include this evidence in the Factual Background or a separate section titled "Defendant’s Awareness of the Case Filing" within the motion.
4. Definition of TLO
When referencing investigative tools like TLO, include the following explanation in the motion:
For purposes of this pleading, “TLO” refers to an advanced data aggregation and analytics system used for locating individuals, operated by TransUnion. It assists in verifying identities and assessing financial obligations through public and proprietary databases. This service is widely used in legal, financial, and investigative contexts. Herein, TLO will be referenced as “TLO.”
5. Drafting the Motion for Alternative Service
A. Caption and Introductory Paragraph
Include the case name, court, and case number.
Clearly state that the motion is filed pursuant to Maryland Rule 2-121(c).
B. Factual Background
Provide a concise summary of the case, including:
The nature of the claim.
Filing date of the complaint.
Efforts to serve the summons and complaint.
C. Service Attempts
Document at least four service attempts for each defendant. Include:
Dates and Times: Specify the date, time, and location of each attempt.
Result of Each Attempt: Describe what happened during each attempt (e.g., “No response; property appeared vacant”).
Additional Addresses: If alternative addresses were identified, provide details of service attempts at those locations.
D. Evidence of Defendant’s Knowledge
If applicable, include a separate section titled "Defendant’s Awareness of the Case Filing." Summarize the evidence and attach supporting documents, such as:
Emails or other communications from the defendant.
Witness statements or affidavits from third parties.
Photographs or videos showing the defendant at the property during service attempts.
Social media activity relevant to the case.
E. Proposed Alternative Methods
Propose alternative service methods reasonably calculated to provide actual notice, such as:
Posting: Posting the summons and complaint on the door of the defendant’s last known address.
Certified Mail: Sending the summons and complaint via certified mail, return receipt requested, to the last known address.
Email: Sending the summons and complaint to an email address reasonably believed to be used by the defendant.
F. Legal Basis
Cite Maryland Rule 2-121(c) as the authority for alternative service and explain how the proposed methods meet the requirement of being reasonably calculated to provide notice.
G. Request for Relief
Request the following relief:
Authorization to serve the defendant using the proposed alternative methods.
A declaration that such service constitutes valid service under Maryland law.
6. Filing and Follow-Up
A. Prepare and Assemble Documents:
Motion for Alternative Service.
Supporting affidavits of diligent efforts and non-service.
TLO reports or similar investigative findings.
Evidence of defendant’s knowledge of the case, if applicable.
B. File the Motion:
Submit the motion electronically or in person, as required by the court.
Send a courtesy copy of the motion to the defendant’s last known address (via regular mail, if possible).
C. Monitor Case Progress:
Calendar deadlines for court review or a hearing.
Notify the attorney of any updates or issues.
7. Affidavit of Diligent Efforts
Use the following language as a template:
I, [Attorney’s Name], declare under penalty of perjury that I have reviewed the efforts to serve the defendant, [Defendant’s Name], including at least four attempts at service made at the addresses listed below. Despite these efforts, service has not been effectuated. Additionally, my investigation revealed that the defendant may have knowledge of this case filing due to [reason]. Attached are the following exhibits: certified mail receipts, TLO reports, and evidence of defendant’s awareness.
8. Additional Tips and Considerations
Utilize Court-Provided Forms and Templates
Use standardized forms available through the Maryland Judiciary, such as the "Motion for Alternate Service and Affidavit" (CC-DR-070) (Circuit Court). These forms streamline preparation and ensure compliance with court requirements.
Detail All Diligent Efforts in the Affidavit
Include comprehensive details of attempts to locate and serve the defendant, such as:
Contacting Relatives and Friends: Document any outreach efforts to known associates.
Checking Employment Records: Note any attempts to contact the defendant’s last known employer.
Reviewing Public Records: Record searches of property records, voter registrations, or business licenses.
Consider All Available Alternative Service Methods
While posting, certified mail, and email are common, other court-approved methods include:
Service by Publication: In cases where the defendant’s whereabouts are entirely unknown, publish a notice in a newspaper of general circulation.
Service by Posting at the Courthouse: Post the notice at the courthouse, especially in family law matters.
Ensure Compliance with Filing Procedures
Be aware of filing fees and ensure payment when submitting the motion.
Serve a copy of the motion to the defendant’s last known address, if possible.
Monitor Court Orders and Deadlines
Await court approval and promptly implement the approved alternative service method.
Maintain thorough records of how and when alternative service was carried out to provide proof of compliance.