FAQs

What is Service of Process?

Service of Process is when legal documents such as civil actions, summonses, complaints, subpoenas, writs, and other court documents are delivered to the individual to whom the legal document is named. This method is employed to give legal notice to the individual or business. Service of Process must be served by an individual who is not a party to the action.

What does a Process Server do?

A process server delivers legal documents to a defendant or an individual involved in a lawsuit. The process server must serve the documents in accordance with the laws in the jurisdiction of service or by the laws of the forwarding jurisdiction. This service is performed by handing the documents to the individual personally or by effecting substitute service upon someone in the same household or business. Documents are delivered to someone of proper age, which varies state to state.

Once the documents are served, the process server is required to provide proof that the papers were served. This is done through a document call an Affidavit of Service, also called a Proof of Service, which may be notarized and given to the party who requested service. Process servers may also file your legal documents with the courts, handle document retrieval, and may offer various types of services.

What is substituted service?

When an individual is unavailable for personal service, many jurisdictions allow for substituted service. This allows the process server to leave service documents with other responsible individuals such as cohabiting adults. Some jurisdictions allow for substitute service upon a person in charge at the individual’s place of business.