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Maryland State Firemen’s Association v. Chaves

United States District Court for the District of Maryland

166 F.R.D. 353 (D. Md. 1996)

Relevant factsFree

The Maryland State Firemen's Association (MSFA) (plaintiff) sued John Chaves (defendant) over allegedly illegally solicited charitable contributions and served him by first-class mail, even though Maryland law required certified mail for mail service. Chaves had actual knowledge of the complaint but did not respond, and the court clerk entered default judgment against him for failing to plead. Chaves challenged the judgment.

IssueFree

Whether, to be awarded a default judgment for a defendant's failure to respond to a complaint, a plaintiff must strictly adhere to the specific controlling service of process requirements.

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