Lawyers.com > Understand Your Legal Issue > Process Serving

Service of process is the notice given to a person that a legal action has been initiated against them. Service of process is accomplished through the delivery of legal documents, such as a subpoena or a complaint, to a person. Every jurisdiction has its own specific rules regarding how the service must be accomplished. Legally compliant service of process grants a court personal jurisdiction over the person who has been served. Service of process is typically only required for the initial summons, complaint, or subpoena in a legal proceeding, and when all of the parties have legally compliant notice of the action, future legal documents in the action can be served by mail.

Defendant or Registered Agent

Usually, the defendant is personally served in an action, which means that the legal documents are delivered directly to the defendant. Depending on the rules of a jurisdiction, in some cases the legal documents may also be left with a person of a required age at the defendant's house, business, or job location. In some cases, a registered agent may also be served the legal documents to accomplish service of process. A registered agent is a person or business designated by an individual to receive service of process on their behalf. The laws in most jurisdictions require all corporations to designate a registered agent. The registered process agent serves as a point of contact and an address where service of process can be accomplished.

Service by Publication

If a person cannot be found, some jurisdictions allow service by publication, which typically involves printing the legal notice in the local newspaper for a specified number of days. Service of process on a foreign defendant who lives in another country must satisfy all the requirement of an international agreement called the Hague Service Convention.

Substituted Service

In many jurisdictions, service of process may also be accomplished through substituted service if the party to be served is unavailable. With substituted service, the legal documents may be left with a third party, such as a spouse or employer. Substituted service can also be done through the use of certified mail, which provides a mailing receipt and a record of the delivery. Substituted service usually cannot be utilized unless it is shown that regular service of process will cause hardship or is impracticable, and that the substituted service will actually reach the intended recipient.

Process Server

The actual delivery of the legal documents is done by a non-interested process server, who is not a party to the litigation. The process server must be an adult, and they usually serve legal documents as a profession. Some jurisdictions have certain licensing or certification requirements for private process servers. Process servers can also be court or government officials, such as a sheriff, deputy, constable, or marshal. Private investigators also frequently offer process serving as part of their business. The services and duties of process servers include finding witnesses and individuals to be served by using trace methods, such as contacting law enforcement agencies, credit services, and the friends and families of those involved in the legal matters. Return of service is a written acknowledgment by the process server that the legal documents have been served.

Acceptance of Service

As a civil cost effective and time saving alternative to personal service by a process server, most jurisdictions encourage voluntary acceptance of service. Acceptance of service is an agreement by a defendant, or the defendant's attorney, to accept the legal documents without having the government or court official or process server personally deliver them. The agreement to accept service must be in writing, and in most jurisdictions a form stating "receipt and acknowledgment of acceptance of service" or similar language is utilized. In order for the acceptance of service to be valid, the form must be signed, dated, and sent back to the attorney who sent the legal document. A party who fails to accept service voluntarily will be liable for the cost of formal service of process.

Ignoring a Summons

If a party ignores service of a summons or complaint, they can face legal consequences, including a default judgment against them, for which they may be required to pay monetary damages.

Related Resources on Lawyers.com^sm

- Small Claims Worksheet by State