WHAT DO PROCESS SERVERS IN KENTUCKY DO?

This article will guide What Due Process Servers in Kentucky Do? Service of process refers to distributing court documents to inform a defendant or plaintiff of a pending legal action. A process server will go to a client’s home or place of business to hand deliver legal documents. Papers are served in accordance with the laws of the jurisdiction from which they originated. 

Process servers in Kentucky are not required to be licensed. If they are unsuccessful in making contact with the server, they will conduct location searches (also known as skip tracing) to determine the server’s residence or whereabouts.

BACKGROUND

Professional process servers in Kentucky have been shown to provide superior customer service because they serve documents more quickly, work diligently, report on each effort to serve, and interact with clients on a one-to-one basis. The specifics of the service are sworn into the Affidavit of Service, which the process server signs. At Undisputed Legal, we ensure that our clients are always up to date on the status of their documents by providing GPS affidavits of service and emailing our clients the affidavit of service. We also provide real-time email updates on the service’s status and a free basic skip trace to first-time clients. 

In Kentucky, being a process server does not require obtaining official registration or licensing. The clerk must promptly issue the requisite summons upon filing the complaint (or other originating documents) and, at the instruction of the initiating party. 

A copy of the summons and complaint (or other initiating documents) must be placed in an envelope, addressed to the party being served at the address set forth in the caption or at the address set forth in written instructions furnished by the initiating party, with sufficient postage affixed, and mailed via registered or certified mail, return receipt requested, with instructions to the delivering postal employee. If a return receipt is requested, the clerk must immediately record that information on the docket and do the same upon receiving the return receipt. 

HOW IS PROCESS SERVICE DONE IN KENTUCKY

A summons may be issued for service in any county and, at the request of any party, may be issued separately or in addition to any other summonses already issued. The special and sometimes onerous rules of a serving of process in civil lawsuits in Kentucky make it an unusual state for process service. Our process servers in Kentucky serve all legal documents, including summons and complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, evictions, landlord/tenant notices, motions, and more. We are a full-service process service agency providing services to federal, state & city agencies, law firms, attorneys, and the general public in Kentucky.

We employ process servers in Kentucky, allowing us to provide our clients with professional process servers.  This is particularly important in jurisdictions like Kentucky, where the complaint and summons must be physically delivered to the defendant.  The only acceptable method of service for a legally capable adult resident of Kentucky is personal delivery (either by certified mail, return receipt desired, or by an individual with the appropriate authority to do so). 

SPECIFICS OF SERVICE IN KENTUCKY

Service on parties situated outside Kentucky but who fulfill the transaction conditions giving Kentucky jurisdiction is governed by KRS 454.210, the state’s ‘Long Arm Statute.’ Service on these individuals is effected by submitting a report of service with the Kentucky Secretary of State, at which point service is considered complete.

It should be known that constructive service on parties is permitted under the rules of civil process if personal service fails, provided that certain requirements are satisfied. In order to effectuate constructive service, unlike many other states, Kentucky relies on warning order lawyers rather than public publication in local newspapers. Lawyers are retained only to make first contact with the party and provide notice of the potential action. Unless the party specifically asks counsel and the warning order attorney agrees, the warning order attorney does not represent the party in any manner.

After the plaintiff signs an affidavit requesting a warning order attorney, the court will appoint one. Within fifty days after receiving the warning order, the attorney must make reasonable efforts to find and tell the party of the forthcoming litigation and produce a report detailing those efforts, the outcome of the notification, and any potential defenses.  At Undisputed Legal, our process servers in Kentucky can ensure that the intricacies of local services, like warning orders, are tackled swiftly and professionally. Process service of court documents in Kentucky is performed only by experienced process servers in Kentucky who meet all of the latest licensing, education, and bonding requirements imposed by the jurisdiction in which they operate. At Undisputed Legal, Inc., we specialize in locating and serving cases on evasive defendants and witnesses.

In Kentucky, service may be avoided by not showing up when the summons and complaint are delivered. Constructive service is sometimes sought in these cases, which creates a delay of at least fifty days (provided the warning order attorney complies with the requirements of the civil rules by submitting a report on time). Suppose the attorney serving the warning order does not comply with the order’s procedural requirements. In that case, a new attorney must be assigned, and the service period must begin over from the beginning.

PROCESS SERVERS IN KENTUCKY

The summons should be issued in the name of the Commonwealth, dated and signed by the clerk, contain the name of the court and the style and number of the action, and be addressed to each defendant, advising him that an action has been filed against them and that a judgment may issue against him for the relief demanded unless they file a written defense within twenty days after the day on which the summons is served on them.

Proving service of summons to the court must be done as soon as possible and within the time limit set for the person to answer. The complaint and the summons (or whichever document initiates the lawsuit) must be served simultaneously. The party offering service to the other party must provide a copy of whatever is being served.

A copy of the summons and complaint (or other initiating documents) may be personally delivered to a person outside of this state by someone over 18 unless the person is an unmarried infant, a person of unsound mind, or an inmate. A return receipt or an affidavit of the person doing such service, upon or affixed to the summons, specifying the time and location of service and the fact that the individual served was personally known to them will be sufficient evidence of service. Such service without an appearance must not be deemed to permit a personal judgment; nonetheless, the individual called shall be before the courts for all other reasons as in the event of personal service.

Requirements for service in Kentucky can often be confusing. At Undisputed Legal, we pride ourselves on ensuring that service is done quickly and to completion. We ensure that we serve all documents within the required time for due diligence and also make sure that our clients are up to date on the service. We offer multiple levels of service depending on requirements. We offer Routine Service, where the first attempt at serving documents is made within five to seven hours of receipt, and Rush service, wherein the first attempt is made within forty-eight hours of service. We also offer a mail service where the documents are mailed within twenty-four hours. The only difference between these service levels is the timeframe they are conducted in. All levels of service ensure that there are at least three attempts (in the morning, afternoon, and evening) 

The subpoena may be served the same way as a summons. Anybody over eighteen may serve the subpoena, and the affidavit signed by that individual will suffice as evidence of service. Alternatively, the witnesses can sign an acknowledgment of service on the subpoena itself. A copy of the subpoena must be personally delivered or made available for delivery to the witness. A declaration detailing the date, method, and names of those served must be filed with the issuing court as proof of service. The server needs to verify the validity of the assertion.

Each subpoena must be signed by the clerk or another authorized official, identify the court and the case number, and require the witness or other individual named therein to appear before the court at the time and location and on behalf of the party named therein to provide evidence. 

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida| Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences| Fiji | Finland | France | Germany| Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan| Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg | Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland | Portugal | Republic of Moldova| Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia| Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan| Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

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 SERVING LEGAL PAPERS IN KENTUCKY

Simply 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 assist you. We can handle all your process service needs; no job is too small or too large!  Click Here for a complete list of our Kentucky Process Service Coverage Areas!

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. The clerk is required to make a notation in the docket if the envelope is returned with an endorsement indicating that delivery was unsuccessful. The clerk is required to keep the envelope or return the receipt as part of the file. Delivery of a registered or certified postal envelope constitutes full and final service. The receipt the client gets in the mail will serve as confirmation of when, when, and how the document was delivered. Signature by an authorized representative of a municipal, state, or federal governmental agency accepting and signing for ‘addressee only’ mail will constitute service on the officer to the extent permitted by United States postal laws. The party that makes the first request must pay for all postage and then be reimbursed for it.

2. Instruct a person authorized to deliver the summons and complaint (or other originating documents) to serve them, other than as provided in paragraph (1) of this Rule, and that person’s return, so signed, shall be conclusive evidence of the time and mode of service.

3. In addition to the modes of service specified in the rules of civil process, the legislation of Kentucky has also established other options. Serving on a Kentucky corporation or partnership must be made via the entity’s duly appointed agent for service of process under KRS 14A.4-040. Suppose service cannot be made in the manner specified by the laws. In that case, service may be made by sending the summons and complaint to any officer or managing agent at the company’s or partnership’s primary office. The earlier of (1) the date of receipt by the company or partnership, (2) the date reflected on the return receipt, or (3) five days after deposit with the United States Postal Service is the day on which service is declared complete.

4. If the resident defendant is an adult found incompetent or a juvenile, service must be made on the defendant’s guardian or parent. A guardian ad litem must be appointed to represent the defendant at the cost of the plaintiff if the guardian/parent cannot be located.

5. Warning order attorney service is considered complete thirty days after the order is entered. However, judgment cannot be requested until the warning order attorney’s report has been submitted to the court.

6. Service upon a resident of this Commonwealth, other than an unwed minor or an incompetent adult, shall be made by delivering a copy of the summons and complaint (or other initiating documents) to such person personally or, if acceptance is refused, by offering personal delivery to such person, or by delivering a copy of the summons and complaint (or other initiating documents) to an agent authorized by appointment or by law to receive service of process.

7. If the defendant is a minor or legally incompetent, service may be made on his resident guardian or committee if one is known to the plaintiff; if not, service may be made on either his father or mother if they reside in this state; if neither does, service may be made on the person who exercises control over such defendant. In the absence of any of the aforementioned, the clerk shall appoint and serve a licensed attorney as guardian ad litem. If any of the parties specified for service under this subsection is a plaintiff, service shall be made on the first named party who is not a plaintiff.

A partner or managing agent of a partnership, an officer or managing agent of an unincorporated organization subject to action under a common name, or an agent authorized by appointment or statute to accept service on its behalf, may be served on behalf of the partnership or association.

Corporate service must be given to an officer or managing agent of the company, its principal agent in the jurisdiction where the action is filed, or any other person authorized by appointment or law to accept service on the corporation’s behalf.

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