## Facts

- A charitable organization sued an individual for allegedly misdirecting charitable contributions.
- The plaintiff attempted to serve the summons and complaint by first-class mail to an address taken from the defendant’s letterhead.
- The defendant had actual knowledge of the lawsuit but filed no responsive pleading.
- The clerk entered default based on the failure to plead.
- The court required the plaintiff to justify the validity of service under Federal Rule of Civil Procedure 4 and Maryland service rules.
- The plaintiff did not obtain a signed waiver/acknowledgment of service and did not use Maryland’s certified-mail method (restricted delivery and return receipt).

## Issues

1. Whether first-class mailing of process, without a returned waiver/acknowledgment and without compliance with Maryland’s certified-mail requirements, constitutes effective service under Rule 4 and Maryland law.
2. Whether a defendant’s actual notice of the lawsuit cures defective service so that a default may stand.

## Decision

- The court held service was ineffective under Rule 4 and Maryland Rule 2-121.
- The court ruled that actual notice did not cure the failure to complete service in a manner authorized by the rules.
- The court vacated the clerk’s entry of default and declined to allow default judgment on the existing service attempt.
- The plaintiff was required to complete proper service (or obtain a valid waiver) before the defendant could be obligated to respond.

## Legal Principles

- Effective service under Rule 4 requires compliance with prescribed methods of service or a valid waiver; mere receipt of the complaint does not create a duty to answer.
- Where service by mail depends on a waiver/acknowledgment mechanism, non-return requires the plaintiff to use another authorized service method.
- Under Maryland Rule 2-121, mail service on an individual is authorized only by certified mail with restricted delivery and return receipt; ordinary first-class mail is insufficient.
- A default cannot be sustained absent valid service because proper service is a prerequisite to personal jurisdiction and to imposing procedural obligations on the defendant.

## Conclusion

The court set aside the default because the plaintiff’s first-class mail attempt, without a returned waiver/acknowledgment and without Maryland-compliant certified mail service, did not satisfy Rule 4; the defendant’s actual notice did not validate defective service.


Maryland State Firemen’s Ass’n v. Chaves, 166 F.R.D. 353 (D. Md. 1996)