HSIA cannot represent you if you are a defendant in this lawsuit. We will
only explain your options and provide forms that you can file with the court, if
you choose to. We cannot give you legal advice. Once you are served (more
info) you have 30 days to respond to the lawsuit.
You have three options once you are served
Do Nothing
If you do nothing at all then you will have a default judgment entered
against you and you will be out of the case. Since there are no financial
damages requested by the plaintiffs, defaulting will not affect you personally
in any way.
Hire A Lawyer
You can, of course, hire a lawyer to represent you. In that case, your
lawyer will advise you on what you should do.
Defend Yourself
You can stay in the lawsuit without hiring a lawyer. In that case you
will be defending yourself. You do NOT have to make any arguments in court or
even appear at the hearings or trial.
How Do I Decide Which Option To Choose?
The following series of questions will help you decide what action to take.
No matter how you feel about this issue, if you are very concerned about your
legal rights and how this case might affect you, you should seek advice from
your own attorney.
How do you feel about this issue?
1. I agree with HSIA.
You could stay in the case to show the court and the plaintiffs that you
care about this issue. You could:
- Sign the Motion To Quash
Service Of Process (click
here to download). The plaintiffs did not send a
copy of the approximately 150 pages of documents previously filed in
this case to each new defendant. This form demands that it be sent to
you at the plaintiffs expense. If you want to file this motion
then sign and mail this form as soon
as you are served.
- Sign the Response – Joining
Motion Raising Preliminary Objections (click
here to download). This will mean you are joining
HSIA in raising the preliminary objections and will have to do nothing
else until they are ruled on, probably sometime in November.
- Sign the Waiver of
Service (click
here to download). This will save HSIA the cost of
duplicating and mailing you every pleading that we file. The plaintiffs
will still have to mail everything they file to you.
If you feel strongly about the issue then you could come to the hearings
and trial. However, you should generally NOT disrupt the proceedings by
questioning witnesses or otherwise participating in the courtroom. This
takes away time from HSIA’s defense and would favor the plaintiffs. Of
course, as a defendant you have the right to participate. Please carefully
consider the possible ramifications before doing so.
If you have not been served then you can do the above now (and thereby be
considered served) or wait until you have been served and then sign the
documents. This will have the effect of costing the plaintiffs more money to
be sure you are served. However, delaying the case does NOT benefit HSIA.
In any case, the best you can do to help HSIA is to let us know if you
walked the beach strip between 1980 and 2003, know anyone who did, or have
any documents (board meeting minutes, etc.) from that period.
2. I agree with the plaintiffs.
You could either do nothing or sign the document included with the
certified package sent to you by the plaintiffs. This form (titled “ANSWER”)
says that you make no claim to the disputed properties.
3. I don’t care.
You could do nothing. A default judgment will be entered against you
and you will no longer be part of the lawsuit.
When Have I Been Served?
You are only served if you do ANY ONE of the following:
1. You sign the certified mail slip accepting the lawsuit package mailed to you
by the plaintiffs.
2. You sign any other document related to this case that is filed with the
court.
3. You are personally served by a process server.
Maryland Rules of Procedure require that when a new party is added to a
lawsuit that the new party be served with all previously filed documents
relating to the case. That amounts to about 150 pages of documents in this
lawsuit. This was not provided to the new defendants. By filing this form you
are asking the court to order the plaintiffs to serve you with the documents at
the plaintiffs expense. In addition, the motion seeks to invalidate your service
until this requirement is met. If you want to file it then sign the motion in two places and mail it to the
address below. We will send the necessary copies to the plaintiff’s attorney and
file the original with the court.
Response – Joining Motion Raising Preliminary
Objections (click
here to download)
This form was included in your packet and is available here. The form says
simply that you agree with the preliminary motions filed by HSIA and join HSIA
in making the motions. It also says that you claim the right to not have to
answer the lawsuit until 15 days after the motions are ruled on (probably
sometime in November). If you want to file it then sign the form in two places and mail to the address
below. We will send the necessary copies to the plaintiff’s attorney and file
the original with the court.
By signing this form you are saying that you do not need to be mailed any
pleadings made by HSIA or any other defendants. That allows us to avoid the
printing and mailing costs associated with people who sign the waiver. It also
says that any pleadings made by the plaintiffs still must be mailed to you.
If you want to file it then sign the form, print your name and mail to our attorney, Mike Ragland.
Multiple people can sign the same form.
Where To Send Forms
Mail signed forms to:
Michael J Ragland Sr.
7 King Charles Place
Annapolis, MD 21401
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