Understanding The Process Of Serving Court Papers To An Individual
What does “service of process” mean exactly? It refers to the copy of the claim given to each defendant. Prior to that, the plaintiff would have filed a claim with the clerk of the court. Many lawsuits include serving court papers to an individual. It is necessary to serve the other side as defendants must be aware of every claim filed against them. They must be made aware of the day, time and place they must be present to defend against the claims.
There are various ways to serve papers on defendants, as described below:
Personal Service
Personal service is defined as delivering to the defendant the relevant papers. If personal service is used, it is a must that the claim and summons be given to the defendant, which means you cannot put it in the defendant’s mailbox and leave. If the defendant refuses to accept the paper, put it down and leave. The service is valid and accomplished. Do not try to force the defendant to take the papers. There are numerous cases which affirm that acceptance of the papers by the defendant is not a requirement for personal service.
Finding a Good Process Server
Research is the key to finding a good process server. How you know you can trust a process server is to see how long they have been in the business. You could ask any lawyers you might know if they have someone to recommend.
Certified Mail
Many states allow the serving of papers by certified mail with a receipt of return, in specific situations. Usually, the mailing is done by the court clerk and a small fee Is charged. This fee is recoverable if the lawsuit is won.
First-Class Mail
Currently, no states allow for first-class mail as a means for serving papers.
Post Office Box or PO Box
If the person you want to serve has a PO box, you need their street address to serve them. A licensed process server will be able to obtain a street address from the Post Office for a small fee.
Proof of Service
You need to file a Proof of Service with the court clerk once the service is completed. The Proof of Service form is signed by the person conducting the service.
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