Rule 2-122.Process — Service — In rem or quasi in rem
Circuit Court · Last amended July 23, 2008 · Last verified July 13, 2026
In one sentenceLets a court authorize service by mail, posting, or newspaper publication when a plaintiff cannot locate a defendant in a lawsuit aimed at property rather than at the person.
(a)Service by posting or publication. — In an in rem or quasi in rem action when the plaintiff has shown by affidavit that the whereabouts of the defendant are unknown and that reasonable efforts have been made in good faith to locate the defendant, the court may order service by the mailing of a notice to the defendant’s last known address and:
(1)by the posting of the notice by the sheriff at the courthouse door or on a bulletin board within its immediate vicinity, or
(2)by publishing the notice at least once a week in each of three successive weeks in one or more newspapers of general circulation published in the county in which the action is pending, or
(3)in an action in which the rights relating to land including leasehold interests are involved, by the posting of the notice by a person authorized to serve process in accordance with Rule 2-123 (a) in a conspicuous place on the land.
Additionally, the court may order any other means of notice that it deems appropriate in the circumstances.
(b)Time. — The mailing and the posting or publication shall be accomplished at least 30 days before the date by which a response to the complaint is to be filed.
(c)Content of notice. — The notice shall be signed by the clerk and shall include the caption of the case; describe the substance of the complaint and the relief sought; inform the defendant of the latest date by which the response is to be filed; warn the defendant that failure to file the response within the time allowed may result in a judgment by default or the granting of the relief sought; and contain any other information required by the court.
Amendment History
Amended by order July 22, 2008, effective July 23, 2008.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former Rules 105 b and 111 a.
Section (b) is derived from former Rule 105 b 2.
Section (c) is new and replaces former Rule 105 b 1 (a).
Plain-English Summary
Some lawsuits target property instead of a person — a claim to title in land, or a demand that a particular asset be reached to satisfy a debt. Maryland calls these actions "in rem" or "quasi in rem." When the person with an interest in that property cannot be found for ordinary personal service, this rule gives the court a way to give notice anyway.
Before a court will approve this substitute notice, the plaintiff must file an affidavit showing that the defendant's whereabouts are unknown and that a genuine, good-faith effort was made to find them. If the court is satisfied, it can order the notice mailed to the defendant's last known address, combined with one of three additional steps: posting at the courthouse door, publishing the notice weekly for three straight weeks in a local newspaper, or, in land disputes, posting the notice directly on the property. The court also has room to order any other form of notice it thinks fits the circumstances.
Timing matters here. The mailing and the posting or publication both have to happen at least 30 days before the deadline for the defendant to respond to the complaint, giving the absent defendant a real window to learn about the case and act.
The rule also fixes what the notice itself must say: it needs the clerk's signature, the case caption, a description of what the complaint claims and what the plaintiff wants, the response deadline, a warning that missing that deadline can lead to a default judgment or the relief the plaintiff is asking for, and anything else the court requires.
Frequently Asked Questions
What does an "in rem" or "quasi in rem" action mean here?
It means the lawsuit is aimed at property — like a piece of land or a specific asset — rather than seeking a personal judgment against someone. This rule applies to that category of case.
When will a Maryland court allow service by publication instead of personal service?
Only after the plaintiff files an affidavit showing the defendant's whereabouts are unknown and that a good-faith effort was made to locate them. The court then decides whether to order mailing plus posting, publication, or another method.
What are the options besides publishing a newspaper notice?
The court can order the sheriff to post the notice at the courthouse, or, in cases involving land, order it posted on the land itself. The court can also craft another form of notice if the circumstances call for it.
How far in advance of the response deadline must the notice go out?
At least 30 days. Both the mailing and the posting or publication must be completed by that point.
What information has to be in the notice?
The clerk's signature, the case caption, a description of the claims and the relief sought, the deadline to respond, a warning about default judgment for missing that deadline, and any other information the court orders included.
Does this rule apply if I just don't know where to serve someone in an ordinary money-damages case?
No. This rule is limited to actions in rem or quasi in rem — those directed at property. Other rules govern service in personal-judgment cases.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as:service by publication marylandservice on unknown defendant marylandnotice by posting maryland courtin rem service of processservice on land dispute defendant