How Effective Service of Process Upholds Due Process Rights

Written by: Undisputed Legal Inc

This article will provide guidance on How Effective Service of Process Upholds Due Process Rights and Ensures Legal Compliance. Courts cannot exercise their jurisdiction over any defendant without providing them with adequate notice, as required by the due process clause of the Constitution. This means that when a lawsuit is filed against an individual or business, the person bringing the lawsuit must ‘serve’ the defendant with the lawsuit’s details, including a copy of the complaint and a notice or summons of the lawsuit. Click Here for Frequently Asked Questions About Process Servers!

How Process Service Works

As the defendant-to-be, you may even be putting yourselves in jeopardy by trying to delay the commencement of the action and evade personal service, even if there may be valid reasons for doing so. Defendants may face financial and legal consequences if they try to evade personal service of process, even if doing so is not prohibited. Default judgments may even be meted out for avoiding service. Defendants should be wary of missing out on these hearings and their chance to present their case. Click here for information on How To Identify A Good Process Service Agency

Since separate states may have different regulations regarding the service of process, the service of papers can seem even more complicated. Our Undisputed Legal process servers are well-versed in these regulations and know how to serve the documents needed in court hearings and lawsuits.

What Rules Govern the Service of YOUR Papers

The Federal Rules of Civil Procedure apply where the defendant is a person, business, or organization. If you expect legal papers, you should know that the plaintiffs need a court order before physically serving a defendant with a complaint. This involves obtaining a summons form from the court, filling it out, and issuing it by the Clerk’s Office. A separate summons is required for each defendant, in which the Plaintiff should typically serve you through a private process service agency, sheriff, or any other court-ordered means. Click here for information on How Rush Process Service Can Expedite Your Case.

Different types of defendants are subject to other regulations governing the summons service as outlined in the Federal Rules of Civil Procedure. If you are expecting to be served papers, ensure that the plaintiff has served you by the category you may fall under. The process server is allowed to submit a duplicate of the complaint, summons, and any supplements to either [A.] deliver the summons and complaint in person or [B.] serve them to a member of the family or a person of acceptable age and discretion who resides there as well, or [C.] provide a duplicate of the complaint, together with the summons and any attachments, to an agent authorized by to take delivery of process on the defendant’s behalf. Remember that military service requires different procedures, so if a process server does not give you an Affidavit of Military Service when they serve you (if you are currently serving,), then that service is incorrect. Click here for information on How Service of Process Ensures A Solid Foundation.

Do Your Research

If you receive legal papers, you must ensure that the documents are complete and accurate. It is essential to ensure that the plaintiff’s signature is followed by their full postal address and phone number. The deliberate misrepresentation of any significant fact is strictly prohibited under law. Consequently, when you receive service papers, you must carefully review every line. It is a misconception that only the plaintiffs must make a great effort to guarantee that the summons are accurate, full, and truthful. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Going over your legal documents with a fine-toothed comb can mean a world of difference to your litigation. Simple carelessness and missing hearing appearance dates can even cause a default judgment. The original complaint must be submitted to the court, and you should retain a duplicate. Plaintiffs must submit the completed complaint and the filing fee by mail or delivery. As a defendant, the process server will record the acceptance of your papers. Click here for information on How To Overcome Language Barriers in Process Service

What Comprises Service of Process

A civil court case begins with a written document called a complaint. It is typically organized in numbered paragraphs and lays out the facts of the case. In contrast to criminal courts, civil courts are where private parties like individuals and companies can file lawsuits against one another. A complaint will describe the facts of the case and why the plaintiff is filing the lawsuit, as well as explain what damages or action is requested by the plaintiff. Click here for information on How Timelines Are Important in Process Serving.

Along with the complaint, a notice or summons form will be provided. In a complaint, the plaintiff will explain the case details, state their case law, and the reasons for suing. The plaintiff will also specify any damages or actions they want the court to take.

The defendant should get a notice or summons form in addition to the complaint. Good process servers like those at Undisputed Legal will provide complete and accurate documents and verify that you have received them. This paperwork is often in the form that the court supplies or is part of the regulations for serving of process. This document will detail the circumstances surrounding the lawsuit, including the identity of the plaintiff, the names and contact information of any other parties involved, the specific courthouse where the lawsuit will be filed, the defendant’s right to legal representation, and the deadline for responding to the complaint.

Different documents require different forms of service. For example, An official document that directs the execution of a specific action is called a writ. Courts, individual judges, government agencies, or any other administrative body with jurisdiction over legal processes may issue writs. Writs come in a wide variety of forms. Alternatively, you can be served with a subpoena. The purpose of a subpoena is to compel an individual to go before a judge to answer questions about a legal situation. Testimony, papers, or other items to be examined by the opposing party or the court can be requested upon service of a subpoena. A subpoena can also be served to request your attendance in the court via a subpoena ad testificandum.

Also, ‘serving’ a person or company formally is required for many types of paperwork. A wide variety of documents, such as eviction notices, letters, and papers about a divorce, would fall under this category. Although there may not be a precise method that these papers must be served according to the norms of process, there are many who would want evidence that the document was personally handed to the person or company. If there is a disagreement over who was served, the process server may testify as an impartial third party. Consequently, choosing a good process service agency like Undisputed Legal carefully can mean the world of difference for your legal case.

Plaintiffs, What are The Costs of Failing to Serve Process On a Defendant?

Even though serving someone with a lawsuit is often a simple and easy procedure, some attempt to evade it. A person could want to avoid being served for a variety of reasons. The most basic and obvious one is that being the target of a lawsuit is seldom an enjoyable ordeal that might need substantial time, energy, and money to resolve. A prospective defendant may believe that they can prevent litigation from ever starting by dodging a process server. Attempts to evade service of process will just postpone the lawsuit’s commencement, rather than eliminate it. If the defendant is evading service, other means of effectuating the process might be used.

Having knowledgeable and competent process servers is crucial for plaintiffs. Some defendants attempt to evade service by using various tactics, but an experienced process server like those at Undisputed Legal knows all of them. One easy way to evade process serving is to simply not answer the door when someone knocks on it or to leave the house very seldom. Another tactic is to stay out of the public eye so a process server can’t just approach you and give you an envelope. These tactics typically do not work, since courts can order for other means of service to be done. A process service agency like Undisputed Legal which is skilled at skip tracing can also locate hard-to-find defendants. Furthermore, we utilize surveillance tools and skip-tracing software to identify where defendants may be attempting to evade service.

The defendant could be held financially responsible for the plaintiff’s personal service expenses in some jurisdictions and under specific regulations regarding service of process, which is another disadvantage of intentionally trying to evade serving of process. Whenever a plaintiff attempts personal service of process by sending out a professional process server, it costs them money. Additionally, the plaintiff has the right to ask the defendant to refund the expenses of the process server if personal service is unsuccessful after ten or twelve attempts due to the defendant’s intentional avoidance of service. This sum may reach several hundred or even thousands of dollars, depending upon the specifics of the case and the relevant jurisdiction.

But there’s a difference between the defendant wilfully evading service of process and the defendant acting unwittingly. The defendant may just be untraceable. This is particularly true if the defendant is often away from home. A possible defendant may be at home at non-standard hours, for example, if they work the third shift. If the defendant was aware of the litigation and received contact with the other side’s counsel, it might be argued that the defendant unintentionally avoided serving of process.

Who else may receive service of process?

The subject of who may and may not receive official process service is complex since it often relies on a particular jurisdiction, which might be a particular state or federal authority, a particular kind of court, or an administrative body with judicial authority. In most cases, there are strict regulations regarding who else may accept service; hence, the process server must adhere to these regulations precisely; otherwise, the defendant may move to dismiss the case due to inadequate serving of process. The plaintiff may have to go through a great deal of more work, spend more time, and incur more costs if this occurs. If the process server makes a mistake with the serving of process, the plaintiff may not have enough time to file the complaint and serve the defendant before the statute of limitations expires, which is a far more serious problem.

The right jurisdiction governs the procedures to follow, and a competent process server can evaluate the circumstances, identify the jurisdiction, and devise a strategy to serve the lawsuit or legal documents appropriately. Personal service of process is required in the vast majority of states and jurisdictions where the defendant is a person. The defendant must be personally served with the summons, notice, complaint, or other legal documents by a process server. Alternative methods of appropriate process serving exist in cases when the defendant is a company or other legal body.

The need to personally serve the defendant is subject to several limitations in some courts and countries. In places where it is not possible to personally serve a defendant, a process server may be authorized to leave the legal documents with an agent at the defendant’s domicile. This is called substitute service. The process server must prove that the individual who received the lawsuit or legal documents was at least eighteen years old and lived with the defendant to employ this procedure. The process server must be able to provide evidence that the persons served were adults who were also the defendant’s household members to resolve any disagreements about the sufficiency of service, for example, if the defendant moves to dismiss the case due to inadequate service of process.

Alternatively, in many jurisdictions, serving the defendant at their place of business qualifies as a substitute service. Nevertheless, the paperwork cannot be handed out to just anybody. To try service at the defendant’s place of employment, the paperwork must be presented to an authoritative figure, such as a manager the defendant’s supervisor, or a registered agent. The plaintiff and process server may be required to provide evidence of unsuccessful attempts at other procedures before this one may be employed in some jurisdictions. What this implies is that the process server has to prove they tried to personally serve the defendant many times using various methods.

Mail service may be used to complete service of process if neither direct physical service nor substituted service is an option. However, regulations for registered mail service can be stringent depending on your jurisdiction. Especially for foreign defendants, service by mail can be a delicate task to achieve. If service via mail is applicable, the process server will use certified mail to deliver the legal papers to the defendant at their last known address according to this method. For many countries, the first step is to send the papers by certified return receipt mail. The defendant’s signature would be necessary to confirm receipt of the papers. No one is obligated to sign these papers if they do not want to. In such instances, the procedure may be completed via certified mail even without a signed return receipt.

Service via publishing, or simply publication is used in cases when every other attempt at serving the process has been unsuccessful. For plaintiffs, this is the very last option for serving defendants properly. Advertisements may be placed in newspapers or other local, county, or state periodicals to achieve this goal. Legal notifications may be found in a specific area of the classified ads of any national newspaper. Service by publication is a common practice for the legal notifications published in newspapers. To get the summons information for that specific litigation, the plaintiff will post an ad in the newspaper.

After all prior attempts at service have been unsuccessful, the court will rule that publication was the last appropriate step and allow the case to proceed. If a defendant has still avoided service, they will likely be placed ex-parte. Certain local regulations will specify which publications are suitable for this process tool service, the required number of publications to be implemented, and the length of time for the ad to appear in the paper. When it comes to this procedure, a private process service agency like Undisputed Legal can be a way to guarantee appropriate service of process.

Who can Serve your Papers?

Unless a court permits them, the plaintiff cannot function as the process server in the majority of states. Defendants should ensure that the service of their papers is done by a qualified individual. This applies not just to parties to the litigation but also to anybody with a vested interest in its outcome. Anyone over the age of eighteen may serve legal process or other legal papers in most federal and state lawsuits. But, to reiterate, some papers can only be served by certain individuals in certain states.

Sheriffs, marshals, or licensed and registered constables are the only individuals authorized in some state jurisdictions to serve first summonses and complaints. Other legal papers, including subpoenas, may be served by them or they may decline to do so, depending on the jurisdiction. Alternatively, a party may hire private, experienced process servers like those at Undisputed Legal. Professional process servers can serve in a wide variety of courts and jurisdictions. In the jurisdiction where the case is filed or the defendant is situated, you have the option to hire a professional process server, which is beneficial for many reasons as we’ve already established.

Why You Shouldn’t Avoid Service of Papers

In cases when the aforementioned means of personally delivering the papers to the defendant, substituted service, service by mail, service by posting, or publishing are not feasible, there are several more alternatives to ensure appropriate serving of process.

Nonetheless, there are methods to either find the prospective defendant and ascertain their whereabouts to physically serve them with process, or to ascertain their actual residence, which opens up options for physical service, substituted service, or even posting service, depending on the regulations in that specific jurisdiction.

A skilled process server may often track down the right individual by researching their previous residences, familial connections, and phone numbers The defendant’s local county courthouse may be able to be searched by a professional process server for property records. It may be possible to personally serve the defendant by consulting their property records, which may reveal their real residence address.

In most circumstances, the delivery of legal papers to a defendant is done swiftly and without incident. However, there are instances when this does not hold. The complexities of the norms and procedures regarding the delivery of the legal process need an understanding of them by any paralegal or other legal practitioner entrusted with these responsibilities in their offices. Errors are possible if you do not have a thorough understanding of the regulations governing the particular court, government agency, or jurisdiction with whom you are interacting. Even though the actual serving of the process could be challenging in some situations, a professional process server like those at Undisputed Legal can provide advice on how to proceed. Both the easy and the tough service of process jobs are within our capabilities. At Undisputed Legal, we make sure that all parties to a case are cared for and served well.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

for assistance in serving legal papers

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to help you out. We can handle all your process service needs; For information on, What is a Process Server, Click Here!

Please feel free to contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. Guidance on how to serve legal documents may be found in Rule 4 of the Federal Rules of Civil Procedure.

2. Rule 4(c)(2) states: ‘Service may be effected by anyone above the age of eighteen who is not a party.”

3. Kaufmann, Roy L. “Why Do I Need a Military Affidavit?” Servicemembers Civil Relief Act Centralized Verification Service, www.servicememberscivilreliefact.com/blog/why-do-i-need-a-military-affidavit-2/. Accessed Mar. 2024.

4. A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. The Federal Rules of Civil Procedure provides that upon filing of a complaint the clerk of the court must forthwith issue a summons and deliver the summons to the plaintiff or the plaintiff’s attorney who is responsible for the prompt service of the summons and a copy of the complaint. The rule provides the means of invoking the in personam jurisdiction of the court in civil actions and will control if other relevant statutes or rules make no special provisions for service of process in other relevant statutes and rules. The nature of Rule 4 is procedural rather than substantive in nature