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agent information current. The Rule sets out several reasons for resorting to service on SDAT: the entity has no resident agent; the RA is dead or is no longer at the ad- dress which is on file with SDAT; or, two good faith attempts at service on separate days have been unsuccessful. First, check the SDAT website at http:/


/www.dat.state.md.us/bsfd/CC/ search.html to determine the identity and physical address or mailing address of the RA. If you try to serve him personally and he is not at that address, or if you try to serve him by certified mail, and the Postal Service tells you that he is not at that ad- dress, then you are home free and all you need do is to serve SDAT in accordance with the Rule. I love it when the infor- mation about the RA is incorrect, because at that point all I need to do is to send certified mail to a state agency and ser- vice is complete. This is a gift. To answer your question, service is complete the sec- ond that the state employee at SDAT signs for the letter containing the summons and complaint. The fact that the corporation chose not to keep its information with SDAT up to date is the defendant’s prob- lem — not yours. SDAT will try to send the information to him using the infor- mation that he is required by law to keep on file with them, but it is irrelevant to you, and to the Court, whether they suc- ceed or not. You do not need anything further from SDAT and you will not re- ceive anything else from them. Make sure that you send them two copies of everything that you want served on the defendant corporation, not just the summons and complaint. I always include interrogatories and 10-104 material with my original service material, so make sure that you have included two copies of those documents as well. The address is as fol- lows: State Department of Assessments and Taxation; 301 W. Preston St., Room 809; Baltimore, MD 21201. You can even address it to the actual person who signs for these — her name is Brenda B. Phillips and it is her name that you will see on the green certified mail receipt. Include a $15.00 check made payable to the State Department of Assessments and Taxation. Subsequent pleadings and papers sent to SDAT are sent to another employee by the name of Bobbie Mooring at the same address, and it is her name that you should include on the certificate of service for all


Spring 2001


documents after original service of pro- cess.


I also include a brief letter which indi- cates that I am serving them in accordance with Md. Rule 3-124 and I set forth the reasons why service on SDAT directly is authorized — nothing lengthy, just some- thing to the effect that the address for the resident agent is incorrect, or whatever other reason you may have. You can serve SDAT personally or by certified mail, just the same way that you would any other defendant.


When you get the green return receipt


with Brenda B. Phillips’ stamped signa- ture on it, just file an affidavit of service with the Court the same way that you would with any other defendant, indicat- ing that you served SDAT as statutory agent for the defendant. The defendant has 60 days to file a notice of intention to defend, in accordance with Md. Rule 3- 307(b).


Service on SDAT is useful for one


other reason: when the defense attorney starts whining that he “didn’t get” a com- plete copy of the complaint, or the interrogatories or the 10-104 material from his client (neither one of which is filed with the Court), I just tell him to slide down to 301 W. Preston St. and start copying.


I just obtained a default against a con- tractor who thought he was being slick by not signing for certified mail when a letter or representation was sent to him and not keeping his RA information cur- rent with SDAT when it was time for suit. There is no such thing as “problem ser- vice” on a corporation. I wish every defendant was a corporation.


I have the letters, forms, affidavits and any other documents you may need and I will be glad to share them with you or anyone else who wants them. Just give me a call.


Trial Reporter


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