WHAT DO PROCESS SERVERS IN NEW MEXICO DO?

This article will guide What Do Process Servers in New Mexico Do? The sheriff of the county where the defendant may be found, or any other person over the age of eighteen (18) who is not a party to the action, may serve any process in a civil action, with the exception of writs of attachment, writs of replevin, and writs of habeas corpus, which shall be served by any person not a party to the action over the age of eighteen (18) who may be specially designated by the court to perform such service. 

However, a sheriff’s office often handles multiple other court services and is usually unable to keep up-to-date with every individual’s service. A private process service agency like Undisputed Legal is not bound by these same constraints insofar as we are able to provide all our clients with speedy, efficient, and personalized New Mexico process service within just a few days of receiving papers.  Click Here for instructions on How To Serve Legal Papers in New Mexico!

BACKGROUND

The clerk will give the plaintiff a summons once the complaint is filed so that it may be served. The plaintiff may ask the clerk to issue additional or alternative summonses. Any defendant may waive the issuing or serving of summons.

 The defendant will get a summons that bears the clerk’s signature and the court’s official seal. The summons must substantially conform to the form approved by the Supreme Court. It must include the [A.]  the name of the court in which the action is brought, the name of the county in which the complaint is filed, the docket number of the case, the name of the first party on each side, with an appropriate indication of the other parties, and the name of each party to whom the summons is directed; [B.] a direction that the defendant serve a responsive pleading or motion within a certain period; and [C.] name, address, and phone number of the plaintiff if no attorney is representing them.

Any adult who is not a party to the action and who is at least eighteen (18) years old may serve a summons and complaint, petition, or other paper.  Any adult who is not a party to the action and who is at least eighteen (18) years old may serve a writ of attachment, writ of replevin, writ of habeas corpus, or the sheriff of the county where the action is pending. A private process service agency like Undisputed Legal is highly qualified to deliver our clients’ service requirements. Summonses, complaints, divorce papers, family court documents, subpoenas, citations, small claims court cases, orders to show cause, petitions, discovery documents, eviction notices, landlord/tenant notices, motions, and any other legal document may be served by our process servers in New Mexico. We are a comprehensive process-serving agency with significant experience in New Mexico, serving clients including federal, state, and local governments as well as law offices, lawyers, and private citizens.

HOW IS SERVICE DONE IN NEW MEXICO

Process Service must be made in a manner reasonably suited, under the circumstances, to provide notice to the defendant of the pending action and to give the defendant a chance to be heard on the merits of the case.

A summons and complaint, writ, or other processes may be served by mail or commercial courier service if the envelope is addressed to the named defendant and if the defendant, or a person authorized by appointment, by law, or by this rule to accept service of process upon the defendant, signs for the envelope or package. Upon the date of the reception, if service was made by mail or commercial courier service, it will be considered complete for all purposes under this paragraph. Electronic signatures will be considered ‘signs’ for this regulation.

A copy of the summons, complaint, or other legal documents must be hand-delivered to the subject being served. Suppose the defendant does not sign for or accept service after the plaintiff has attempted service in one of the ways. In that case, service may be made by giving a copy of the process to an adult resident of the defendant’s usual place of residence and also sending a copy of the process by first class mail to the defendant at the defendant’s last known mailing address.

All of our customers in New Mexico have access to our three (3) tiers of professional process service thanks to the local process servers in New Mexico we employ. You may choose between two processing times depending on your requirements. In Routine Process Service, the server will make their first attempt within five to seven business days, and Rush service ensures that service will take place within forty-eight hours. We also offer document service through the mail. Wherein paperwork will be sent out within twenty-four hours. 

The process servers in New Mexico will make up to three (3) efforts to hand deliver your legal documents, regardless of the service level you choose. Following due diligence, we conduct our attempts in the morning and the afternoon in the evening. 

OTHER FORMS OF process SERVICE in new mexico

The Supreme Court has established a standard form for service by publication, and that form must be followed. An attached copy of the intended notice for publication is required. Unless the court, for a good reason shown, directs differently, service by publication must be performed once per week for three consecutive weeks. When the final publication is made, service by publishing is complete.

A publishing notice under this rule must be given in a newspaper of broad circulation in the county where the action is pending. A notice of pendency of the action shall also be ordered to be published in a newspaper of general circulation in the county which reasonably appears to be most likely to give the defendant notice of the action unless the newspaper of general circulation in the county where the action is pending is the newspaper most likely to give the defendant notice of the action.

 Promptly after receiving the service of process, the party or its agent must provide evidence of service. Proof of service must be by certificate when issued by the sheriff or a deputy sheriff of the county in New Mexico and by affidavit when made by anyone other than the sheriff or a deputy sheriff of a New Mexico county. Filed with the court, the certificate of service must contain the date of delivery by the post office or commercial courier service as well as a copy of the defendant’s signing receipt if service was made by these means. Affidavits of publication signed by officers or agents of the newspaper in which the notice of the pendency of the case was published are acceptable proof of service by publication. In the absence of such documentation, service will be deemed lawful.

OUT OF STATE process service in new mexico

Service of process may be made outside of New Mexico in accordance with this rule if the court’s jurisdiction over the defendant is not dependent on the location of the service of process. Service upon an individual, corporation, limited liability company, partnership, unincorporated association subject to suit under a common name, or equivalent legal entities may be made outside of the United States by any internationally agreed means reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, or if there is no internationally agreed means, then by any means reasonably calculated to give notice.

Previously, the defendant had to voluntarily accept service by signing and mailing back a Receipt of Service of Summons and Complaint after receiving the summons and complaint in the mail. Instead, service is made when the defendant or a person authorized by appointment or law to accept service of process on behalf of the defendant signs a receipt acknowledging receipt of the mailed envelope or package containing the summons and complaint.

If the defendant is to be served by mail, the papers don’t need to be sent to his or her residence or primary place of employment. Once the receipt is signed, service is considered complete.

Long arm jurisdiction allows for service of process to be made outside of New Mexico; in such a scenario, service must be performed in the manner and with the priority set out in this rule. The Committee debated and ultimately decided against a proposal to exclude service from the requirements of this rule so long as it complied with the standards for service of process in the jurisdiction in which service was made. Treaties and other international agreements may govern service in a foreign country. 

SPECIFICS OF process SERVICE IN NEW MEXICO

Every written order, every subsequent pleading (except where the court otherwise orders because of a large number of defendants), every paper relating to the discovery that must be served upon a party (except where the court otherwise orders), every written motion (other than one that may be heard ex parte), and every written notice, appearance, demand, the offer of settlement, designation of record on appeal, and similar paper shall be in writing. Parties adjudged to be in default for failing to attend should not be served, but any documents filed on their behalf that state new or additional claims for relief must be served in the same way as summonses.

If an attorney and service representing a party is needed or permitted under these rules, service should be done by the attorney unless the court orders otherwise. You may serve an attorney or a party by handing them a copy or sending one to their last known address. When a letter is sent, the service is complete.

 Any document that needs to be filed with the court in accordance with these rules must be filed with the clerk of the court unless the judge specifically allows the document to be filed with the judge; in that case, the judge should make a note of the filing date on the document and then immediately forward it to the clerk’s office. 

All printed court orders and notifications of hearings should be served to the parties by the court unless otherwise authorized by the court. There may be instances when the court files documents before serving them to the parties. Certificates of service for court-issued documents need not specify how the documents were delivered. 

We ensure that our clients are always involved in service progressions. We ensure GPS affidavits of service are sent out to our clients, as well as personalized ‘real-time’ email status updates so that our clients are always in the loop. Additionally, we offer an email copy of the affidavit prior to mailing and a free basic skip trace for our new clients. 

ELECTRONIC process SERVICE AND FILING OF PLEADINGS AND OTHER FILINGS.

A district court may, by local rule authorized by the Supreme Court, adopt the obligatory filing of documents by electronic transmission in accordance with this rule via the EFS by parties represented by lawyers. Self-represented parties are forbidden from electronically submitting papers and should continue to file documents using conventional ways. Parties represented by lawyers must file documents by electronic transmission even if another party to the case is self-represented.

Any document required to be served may be served on a party or attorney by electronic transmission of the document if the party or attorney has agreed to be served with pleadings or papers by electronic mail or if the attorney for the party to be served has registered with the court’s EFS. Electronic service is done when the transmission of the pleading or document is finished. The court may serve any document by electronic transmission to an attorney registered with the EFS under this regulation and to any other person who has consented to receive papers by electronic transmission.

All papers submitted by electronic transmission must be structured in accordance with the Rules of Civil Procedure for the District Courts and shall comply with all processes for protected personal identification information under Rule 1-079 NMRA. The district court may make available a user guide to guide the technical operation of the EFS. In the event of any conflicts between these rules and the user guide, the rules shall control.

The clerk of the court’s endorsement of an electronically filed document shall have the same force and effect as a manually affixed file stamp.   Upon request of a party, the clerk shall stamp additional paper copies provided by the party of any pleading filed by electronic transmission. A file-stamped copy of a document filed by electronic transmission can be obtained through the court’s EFS. Certified copies of a document may be obtained from the clerk’s office.

 A document that a party proposes for issuance by the court shall be transmitted by electronic mail to an email address designated by the court for that purpose. A judge may direct the party to submit a hard copy of the proposed document in addition to, or lieu of, the electronic copy. The court’s user guide shall give notice of the email addresses to be used for this paragraph. The user guide also may set forth the text to be included in the subject line and body of the email.

Any party who submits proposed documents by email under this paragraph shall not engage in ex parte communications in the email and shall serve a copy of the email and attached proposed documents on all other parties to the action. Only seasoned process servers in New Mexico who have met the most recent licensing, education, and bonding requirements imposed by their jurisdiction may serve legal documents in court in New Mexico.

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 will receive 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 NEW MEXICO

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 New Mexico process service needs; no job is too small or too large!  For a complete list of our New Mexico Process Service Coverage Areas, Click Here!

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 notice of pendency of action shall contain the following: 

  1. The caption of the case, as provided in Rule 1-008.1 NMRA, including a statement that describes the action or relief requested; 
  2. The name of the defendant or, if there is more than one defendant, the names of each of the defendants against whom service by publication is sought; 
  3. The name, address, and telephone number of the plaintiff’s attorney; and 
  4. A statement that a default judgment may be entered. 

2. Under Section 38-1-16 NMSA 1978

3. This regulation, which is based on Federal Rules of Civil Procedure 4(f) and 4(h)(2), is designed to comply with international law.

4.  ‘Civil actions’ does not include domestic relations actions in which the New Mexico Child Support Enforcement Division is a party or participant, domestic violence actions, actions sealed under Rule 1-079 NMRA, habeas corpus actions, or any proceeding filed under the Children’s Court Rules.

5. Paragraph A of Rule 1-005 NMRA

6. If within two (2) days after service by electronic transmission, a party served by electronic transmission notifies the sender of the electronic transmission that the pleading or paper cannot be read, the pleading or paper shall be served by any other method authorized by Rule 1-005 NMRA designated by the party to be served

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The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.