Civil Procedure

Brief

Maryland State Firemans Association v. Chaves

Procedural History:

• Default judgment entered against defendant.
• Defendant appeals service.
• Service deemed invalid, default judgment set aside.

Facts:

• MSFA served Chaves with the summons and complaint by first class mail on or about Jan. 3, 1996. They were sent to the address listen on his letterhead.
• Between Jan 9 and January 15, MSFA’s attorney received three phone calls from Mitchell Gold, an attorney speaking on behalf of Chaves.
• Under federal rules, a plaintiff may serve process pursuant to the law of the state in which the district court is located, or in which service is effected.
• Maryland rule allows service by certified mail.

Issue:

• Was service of process invalid?

Holding:

• Yes. Default set aside.

Reasoning:

• Sent first class instead of certified.
• MSFA sent it first class and thus did not meet the requirements.