Serving a Business How To 

Instructions for Serving a Business, LLC, or Otherwise in Maryland

Steps for Serving a Business or LLC:

1. Locate the Resident Agent:

   • The resident agent is a person or entity designated by a business to receive legal documents (e.g., summons, complaints) on its behalf.

   • Use the Maryland State Department of Assessments and Taxation (SDAT) Business Entity Search (https://egov.maryland.gov/BusinessExpress/EntitySearch) to find the resident agent’s information.

   • Take a screenshot of the search results showing the registered agent's name, address, and business standing (e.g., "Good Standing" or "Forfeited").

2. Attempt Service on the Resident Agent:

   • Visit the registered agent’s listed address to deliver the summons and complaint.

   • Document the date, time, and result of each attempt to serve the resident agent (e.g., "Address vacant," "No response").

3. What to Do if Service on the Resident Agent Fails:

   • If the registered agent’s address is invalid or service is unsuccessful despite diligent efforts, service may be made through the State Department of Assessments and Taxation (SDAT).

Steps to Serve SDAT:

1. Prepare the Service Packet:

   • Summons and complaint.

   • Cover letter requesting SDAT to accept service on behalf of the business (see sample language below).

   • SDAT service fee (check or money order payable to SDAT; confirm the fee online).

   • Copy of the entity’s SDAT record from the Business Entity Search, including screenshots.

2. Submit the Packet to SDAT:

   • Deliver the packet in person at SDAT’s main office or mail it to their designated address for service of process.

   • Obtain a receipt or acknowledgment of service from SDAT.

3. File Proof of Service with the Court:

   • Submit a copy of the service packet along with the receipt or acknowledgment of service from SDAT.

Sample Cover Letter to SDAT:

[Date] State Department of Assessments and Taxation Service of Process Department 301 W. Preston Street, Room 801 Baltimore, MD 21201

RE: Service of Process for [Business Name]

To Whom It May Concern,

Enclosed please find the documents necessary to effect service of process on [Business Name], a Maryland-registered business entity. This request is made pursuant to Maryland law, as attempts to serve the business’s registered agent were unsuccessful.

The enclosed packet includes:

• A copy of the summons and complaint.

• A check in the amount of [fee amount] for the SDAT service fee.

• A copy of the SDAT business entity record for [Business Name].

Please process this request and provide acknowledgment of receipt. Should you require additional documentation or clarification, do not hesitate to contact me at [Your Contact Information].

Thank you for your assistance.

Sincerely, [Your Name] [Your Title/Position] [Your Contact Information]

Best Practices:

• Document Every Step: Take detailed notes, keep screenshots, and record all actions taken to attempt service.

• Provide Detailed Affidavits: Include dates, times, and outcomes of each service attempt in your affidavits.

• Track Deadlines: Monitor court deadlines and ensure timely filings of all related documents. 

When serving a business in Maryland via the State Department of Assessments and Taxation (SDAT), it is essential to include all required documents and information in your court filing. Below is a step-by-step breakdown of what to include in the court submission, along with example language for various components.

If the defendant is a business entity in Maryland and the address for the business is not available or valid, the following steps should be taken to serve the Maryland State Department of Assessments and Taxation (SDAT):

A. Why Serving SDAT Workss **

SDAT acts as the resident agent for businesses incorporated in Maryland that fail to maintain a registered agent or whose agent cannot be located.

Pursuant to Maryland law, service of process on SDAT constitutes valid service on the business.

B. Steps to Serve SDAT

1. Confirm Business Status:

   • Use the SDAT Business Entity Search (https://egov.maryland.gov/BusinessExpress/EntitySearch) to confirm that the business is registered in Maryland and to determine its current standing.

   • Take screenshots of the entity’s information page, including:

     • Business name.

     • Registered agent information.

     • Business status (e.g., “Good Standing” or “Forfeited”).

2. Attempt to Contact the Registered Agent:

   • If the registered agent’s address is listed, attempt service at that location.

   • Document all attempts in detail, including times, dates, and results.

3. Prepare Documents for SDAT Service:

   • Draft a cover letter addressed to SDAT requesting that they accept service on behalf of the business.

   • Include the following in the service packet:

     • Summons and complaint.

     • SDAT service fee (check or money order payable to SDAT; confirm the current fee online).

     • A copy of the entity’s business record from the SDAT website.

4. Deliver to SDAT:

   • Submit the packet in person at SDAT’s main office or mail it to their designated address for service of process.

   • Obtain a receipt or proof of delivery for your records.

C. Follow-Up After Service on SDAT

• Notify the court of service completion and provide documentation, including:

  • A copy of the materials submitted to SDAT.

  • Proof of delivery or acknowledgment from SDAT.

D. Best Practices for SDAT Service

• Ensure that the business’s failure to maintain a valid address or registered agent is documented in your motion.

• Highlight that SDAT service is a last resort after demonstrating diligent efforts to serve the business directly.

• Include all supporting evidence, such as screenshots, affidavits of non-service, and copies of communication attempts.

Required Documents for Court Submission:

1. Affidavit of Due Diligence:

   • Detail all attempts to serve the business directly, including:

     • Dates and times of attempts.

     • Locations visited.

     • Results of each attempt (e.g., “Address was vacant,” “No response at the location”).

     • Evidence of communication or attempts to reach the registered agent (if applicable).

2. SDAT Business Record:

   • Include a copy of the entity's SDAT record showing:

     • Business name and status (e.g., “Good Standing,” “Forfeited”).

     • Registered agent information, if available.

     • Document any discrepancies (e.g., outdated or invalid registered agent addresses).

   • Take and include screenshots of the SDAT website for documentation.

3. Service Packet Submitted to SDAT:

   • Summons and complaint.

   • SDAT service fee (check or money order payable to SDAT; confirm the fee on the SDAT website).

   • Cover letter explaining the need for service via SDAT.

4. Cover Letter for SDAT Submission:

   • Addressed to SDAT.

   • Clearly state that you are requesting SDAT to accept service on behalf of the business under Maryland law.

5. Proof of Submission to SDAT:

   • Include the receipt or acknowledgment from SDAT showing they accepted the service packet.

Example Affidavit of Due Diligence Language:

I, [Your Name], declare under penalty of perjury that I made diligent efforts to serve [Business Name], a Maryland-registered entity. These efforts include:

• Visiting the address listed for the registered agent, [Agent’s Name], at [Address], on [Date] at [Time], where I found [result, e.g., “the property was vacant”].

• Conducting an online search via SDAT’s Business Entity Search, which showed the registered agent as [Agent’s Name] at [Address].

• Attempting contact via phone or email (if applicable). Despite these efforts, I was unable to locate or serve the registered agent. As such, service on SDAT is necessary under Maryland Rule 2-124(o). Attached are copies of the SDAT business record, proof of service attempts, and the service packet submitted to SDAT.

Example Cover Letter to SDAT:

[Date]
State Department of Assessments and Taxation
Service of Process Department
301 W. Preston Street, Room 801
Baltimore, MD 21201

RE: Service of Process for [Business Name]

To Whom It May Concern,

Enclosed please find the documents necessary to effect service of process on [Business Name], a Maryland-registered business entity. This request is made pursuant to Maryland law, as attempts to serve the business’s registered agent were unsuccessful.

The enclosed packet includes:

• A copy of the summons and complaint.

• A check in the amount of [fee amount] for the SDAT service fee.

• A copy of the SDAT business entity record for [Business Name].

Please process this request and provide acknowledgment of receipt. Should you require additional documentation or clarification, do not hesitate to contact me at [Your Contact Information].

Thank you for your assistance.

Sincerely,
[Your Name]
[Your Title/Position]
[Your Contact Information]

Follow-Up Steps After Submission:

1. File Proof of Service with the Court:

   • Submit a copy of the materials sent to SDAT, along with the receipt or acknowledgment of delivery.

2. Prepare a Supplemental Affidavit:

   • Detail the steps taken to submit service to SDAT and reference the acknowledgment of receipt as proof.

3. Monitor Court Proceedings:

   • Ensure that all deadlines for responsive pleadings or other court actions are tracked.

Best Practices:

• Document Everything: Take detailed notes and screenshots at every stage, from initial service attempts to SDAT submission.

• Be Specific: In affidavits and filings, include precise times, dates, and outcomes for every attempt to serve the business or contact the registered agent.

• Use Clear Language: Ensure that all court submissions explain why SDAT service is appropriate and legally sufficient under Maryland Rule 2-124(o).

This comprehensive approach ensures compliance with Maryland law and strengthens the motion by addressing all potential issues. Let me know if you have additional questions!