Top Challenges Faced by Process Servers in Maryland and How to Solve Them

Process serving is an essential part of the legal system – ensuring that individuals are properly notified of legal action against them. But in Maryland, as in many states, the reality of service rarely goes according to plan.

 

From evasive defendants to jurisdictional hurdles, process servers face several recurring challenges that can jeopardize timely and legally valid service. For attorneys, law firms, and individuals handling litigation, understanding these barriers – and how to overcome them is critical.

 

This guide outlines the most common issues encountered by process servers in Maryland and explains how experienced professionals resolve them while remaining compliant with state and local rules.

 

Key Takeaways

• Maryland law requires strict compliance in how, when, and by whom service is executed.
• Evasion, restricted access, and lack of documentation are the most frequent causes of delay or invalid service.
• Working with a professional process server in Maryland ensures efficiency, legal compliance, and court acceptance.

1. Defendants Actively Avoid Service

In many cases, the person being served is aware of pending legal action – and may go to great lengths to avoid it. Whether they refuse to answer the door, call out sick, or change their routine, avoidance tactics can stall litigation and increase court costs.

 

How Professionals Handle It:

• Vary service attempts across different days and hours to intercept the individual at home or work.
• Document all attempts, noting time, date, and any observable behavior (e.g., lights on, curtains drawn).
• Request alternate service through the court after demonstrating due diligence, allowing for service by posting, certified mail, or even publication.

 

Maryland Rule 2-121 outlines the conditions under which alternate service may be granted, emphasizing the need for multiple genuine attempts.

 

2. Misconceptions About Leaving Papers at the Door

One of the most common misunderstandings is whether a process server can simply leave documents at the recipient’s doorstep. In Maryland, this is not allowed without prior court approval.

 

Legal Requirements:

• Personal service must be attempted first.
• If the individual refuses to answer the door, the server must document the failed attempt and request alternate methods through a court motion.
• Leaving papers on the doorstep without approval may result in the service being deemed invalid.

 

Related: Can a Process Server Leave Papers at Your Door in Maryland?

 

3. Trespassing and Access Restrictions

Maryland process servers must adhere to state trespassing laws. Gated communities, locked buildings, and no-trespassing signs can limit physical access and delay service.

 

Best Practices for Navigating Access Issues:

• Contact property management or front desk staff to gain lawful entry.
• Serve in public spaces (such as a parking lot or sidewalk) where legally permitted.
• Avoid entering private property without consent to prevent legal liability or service invalidation.

   

Learn more: Maryland Process Server Trespassing Laws

 

4. Using Unqualified Process Servers

Not everyone is legally allowed to serve papers in Maryland. Using an unqualified or improperly trained individual could result in invalid service or dismissed cases.

 

Legal Qualifications:

• Must be 18 years or older and not a party to the case.
• While Maryland does not require statewide certification, hiring a professional process server ensures familiarity with local court procedures.
• County courts may have additional requirements or preferences for servers used in specific jurisdictions.

   

Explore: Process Servers in Maryland

 

5. Incomplete or Missing Proof of Service

Successfully delivering papers is only half the job. The other half – proof of service – is what validates the action in court. Failure to document service correctly can void an otherwise legitimate effort.

 

Avoiding Documentation Pitfalls:

• Submit a detailed Affidavit of Service immediately after completing service.
• Include all relevant data: date, time, method of service, location, and a physical description of the person served (if applicable).
• Use digital tools, timestamps, and GPS logs when possible to strengthen the affidavit.

 

For step-by-step guidance, visit: Process Services Near You

 

6. Delays Due to Incomplete Information

A process server’s success often depends on the quality of the information provided. Incomplete or outdated addresses, missing contact details, or incorrect legal names lead to delays and failed attempts.

 

Solution:

• Verify the recipient’s full legal name, physical address, and any workplace or secondary contact details.
• Use skip tracing services when necessary to locate evasive individuals.
• Work with a process server who cross-verifies addresses before initiating service.

   

7. Misuse of Substitute or Alternate Service

Alternate service is only allowed in Maryland after demonstrating that standard service was attempted in good faith and failed. Some individuals or firms mistakenly believe that leaving papers with a neighbor, receptionist, or family member is always permissible.

 

Correct Usage:

• Substitute service must be on a “person of suitable age and discretion” residing at the defendant’s home – not just anyone present.
• Alternate service, such as posting or mailing, requires court approval and evidence of diligent attempts.

 

Rule reference: Maryland Rule 2-121

 

Real-World Example: High-Profile Challenges

Even public figures can complicate service. In 2024, Elon Musk was served by the SEC after repeated delays. According to ABC News, service was eventually completed through authorized channels, highlighting the importance of persistence, legal creativity, and correct documentation.

 

Work With a Professional Process Server in Maryland

Process serving in Maryland is governed by strict procedural rules. Avoiding mistakes in service, whether through improper delivery, lack of documentation, or unqualified personnel, is crucial for any legal action to move forward.

 

If you’re facing delays or challenges in serving legal documents, trust an experienced professional who knows the local laws and court systems. Freestate Investigations provides fast, compliant service across Maryland with a proven track record of overcoming the very problems outlined above.