![]() ![]() As stated by the Maryland Court of Appeals, “we have repeatedly held that defective service of process is a jurisdictional defect…and actual knowledge of the proceedings on the part of the defendant will not cure that defect.” Lohman v. (1997)(improper service is proper grounds for Rule 2-535 motion).Įven where a Defendant has actual knowledge of the case, the court still lacks personal jurisdiction where there has not been proper service of process. Invalid for jurisdictional defect may be attacked through a Rule 3-535 motion. To have been valid the service must have been personal and the fact that theĭefendant may have had actual knowledge of the suit against him would not cureĪ defective service. ![]() Had no jurisdiction and the decree issued was invalid and without significance. The court lacks jurisdiction over the Defendant due to lack of service, theį the defendant was not properly served the court below United Healthcare of the Mid-Atl., Inc., 149 Md. Moreover, “n ‘irregularity’ usually occurs in the context of ‘a failure to provide required notice to a party’….” Mercy Med. § 6-408.Īppeals, “he purpose of authorizing a trial court to exercise broadĭiscretion to revise unenrolled judgments is to insure that technicality does Judgment only in case of fraud, mistake, irregularity, or failure of anĮmployee of the court or of the clerk’s office to perform a duty required by After theĮxpiration of that period the court has revisory power and control over the Period, the court has revisory power and control over the judgment. The entry of a judgment, or thereafter pursuant to motion filed within that Is also a Maryland Code provision which is consistent with the Rules: The judgment in case of fraud, mistake, or irregularity. Party filed at any time, the court may exercise revisory power and control over When a timely motion is filed, “the court may exercise revisory power andĬontrol over the judgment and may take any action that it could have takenĬourt may open the judgment to receive additional evidence, may amend itsįindings or its statement of reasons for the decision, may set forth additionalįindings or reasons, may enter new findings or new reasons, may amend theĪddition, pursuant to Rule 3-535(b), the court has revisory power in instances Although affidavits of service are prima facie evidence of service, they can be rebutted if a person was never served. Once a judgment is vacated, then the Defendant has the opportunity to mount a defense to the underlying lawsuit. Vacating a judgment is certainly not easy, but it is appropriate in the right cases where proper service never occurred. It is not unusual that a person had no idea there was a judgment against them, and that the first time they learn of it is when there is a wage garnishment or a bank account garnishment. This is not an uncommon problem, because the phenomenon of “ sewer service” is alive and well. If your request is granted, you will receive a new hearing date via a postcard.We have handled several cases in which we successfully got judgments vacated because the Defendant was never served. hospitalization, death in the family, unexpected travel) and
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