Forms and Self-Help Videos - Montgomery County, MD Circuit Court (2024)

FAQs

How to respond to a writ of summons in Maryland? ›

If you choose to defend yourself, you must file the Notice of Intention to Defend, appearing on the bottom half of the summons. The Notice should be cut at the perforated line and returned to the court address listed at the top of the summons.

If you are served a complaint for absolute divorce, you must respond by filing an answer. In an answer, you agree or disagree with the statements your spouse made in their complaint. You can use form CC-DR-050 (Answer to Complaint/Petition/Motion).

File a Notice of Intention to Defend: You must file this within 15 days of receiving the summons. The Notice is on the bottom half of the summons. Once you have responded, the Court will send the plaintiff a copy of this notice. File a Counterclaim, Cross-claim, or a Third-Party Complaint.

An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case.

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

Maryland law, however, does not make it easy to bring an intention infliction of emotional distress claim. To bring this tort, the plaintiff must demonstrate a “truly devastating effect” from the defendant's behavior. The emotional response must be so awful that “no reasonable person could be expected to endure it.”

The court might grant a default judgment if your spouse fails to respond to the divorce papers even after proper service. This means the court will proceed with the divorce proceedings without your spouse's active participation.

Courts divide property under one of two schemes: equitable distribution or community property. Equitable distribution. Assets and earnings accumulated during marriage are divided equitably (fairly). In practice, often two-thirds of the assets go to the higher wage earner and one-third to the other spouse.

§3–323. (a) A person may not knowingly engage in vagin*l intercourse with anyone whom the person may not marry under § 2-202 of the Family Law Article.

What is the Rule 2 311 in Maryland? ›

A motion or a response to a motion that is based on facts not contained in the record shall be supported by affidavit and accompanied by any papers on which it is based.

(a) General rule. — A party shall file an answer to an original complaint, counterclaim, cross-claim, or third-party claim within 30 days after being served, except as provided by sections (b) and (c) of this Rule.

Rule 3-509). If the garnishee files a timely answer, the matters set forth in the answer shall be treated as established for the purpose of the garnishment proceeding unless the plaintiff/judgment creditor files a reply contesting the answer within 30 days after its filing.

Rule 3-506(a). In other words, once you file a defense, you can force the plaintiff either to dismiss with prejudice or to go to trial. Sometimes, it will be in your interests to agree to a without prejudice dismissal – for example, if you persuade the plaintiff to dismiss the case because of financial hardship.

Rule 2-534 - Motion to Alter or Amend a Judgment-Court Decision, Md. R. Civ.

A summons is effective for service only if served within 60 days after the date it is issued. A summons not served within that time shall be dormant, renewable only on written request of the plaintiff.

The person served with the complaint has 30 days to answer, if they are served in Maryland; 60 days to answer, if they are served out of this State; and 90 days to answer, if they are served outside the United States. If the person served fails to answer in the time allowed, you may request an Order of Default.

In order to respond, you must file an Answer into the case, which costs $225-$450 depending on how much debt is owed and in which court the case is filed. In your Answer, you should respond to each claim against you and assert your affirmative defenses.

The party you are serving must receive the documents personally. They must sign for the mail or receive the documents in person. There is one exception. The person delivering the documents in person may leave the papers with an adult resident of the other party's home.