HARRY HUGHES, Governor

555

14-839. ISSUANCE OF PROCESS.

(A)  NOTICE TO DEFENDANTS.

ON THE FILING OF THE COMPLAINT, THE COURT SHALL ISSUE A
SUMMONS FOR EACH DEFENDANT NAMED IN THE COMPLAINT WHO IS A
RESIDENT OF THE STATE. EXCEPT AS OTHERWISE PROVIDED IN THIS
SUBTITLE, PROCESS SHALL BE THE SAME AS IN OTHER CIVIL ACTIONS.
THE SUMMONS SHALL WARN EACH DEFENDANT TO APPEAR IN COURT ON OR
BEFORE A DATE NAMED IN THE SUMMONS, WHICH DATE MAY NOT BE LESS
THAN 60 DAYS FROM THE DATE ON WHICH THE COMPLAINT WAS FILED, TO
ANSWER THE COMPLAINT OR TO REDEEM THE PROPERTY AND SHALL CONTAIN
A STATEMENT THAT IN CASE OF FAILURE TO APPEAR, ANSWER, OR REDEEM
THE PROPERTY, A FINAL ORDER WILL BE ISSUED THAT FORECLOSES ALL
RIGHTS OF REDEMPTION IN THE PROPERTY. PROVIDED THAT WHERE 2
SUCCESSIVE SUMMONSES AGAINST A NAMED DEFENDANT ARE RETURNED NON
EST OR ON THE RETURN OF 1 SUMMONS NON EST AND PROOF BY AFFIDAVIT
THAT A DEFENDANT HAS AVOIDED SERVICE OF THE SUMMONS, OR THAT THE
DEFENDANT'S WHEREABOUTS ARE UNKNOWN, THE DEFENDANT SHALL BE
DEEMED TO BE SERVED BY THE PUBLICATION PROVIDED BY THIS SUBTITLE
AS IF THE DEFENDANT WERE A NONRESIDENT.

(B)  NOTICE TO COLLECTOR.

NOTICE OF THE INSTITUTION OF A PROCEEDING TO FORECLOSE THE
RIGHT OF REDEMPTION ALSO SHALL BE GIVEN TO THE COLLECTOR WHERE
THE PROPERTY IS LOCATED.

REVISOR'S NOTE: This section formerly appeared as Art. 81,
§ 106.

The reference to "process shall be the same as in
other civil actions" is substituted for the former
reference to "and upon such bill the same process by
summons ... shall be had to procure the answer and
appearance of all such defendants as is had in other
cases of equity", for brevity.

The reference to avoiding service is substituted for
the former reference that the defendant "kept out of
the way or has secreted himself", for clarity.

The only other changes are in style.

Defined terms: "Collector" § 1-101

"Property" § 1-101 "Resident of the State" § 1-101

14-840. NOTICE BY PUBLICATION.

(A) IN GENERAL.

AT THE SAME TIME THE SUMMONS IS ISSUED AS PROVIDED BY §
14-839 OF THIS SUBTITLE, THE COURT SHALL PASS AN ORDER OF
PUBLICATION DIRECTED TO ALL DEFENDANTS, NAMING THEM AS PROVIDED