When someone starts a court case, the other side has a right to know about it. Service of process is the formal way of delivering court papers to a person or business so they are officially told about a case and have a chance to respond. This guide explains why service matters, who can usually serve papers, the common methods of service and what happens after the papers are delivered.
Why service of process matters
Courts in the United States take notice seriously. A person or business generally cannot be bound by a court’s decision unless they were properly told about the case and given an opportunity to be heard. Service of process is how that notice is given and recorded.
In practice, service has real consequences for the case:
- The case may not move forward until service is complete. In many cases, the court will not proceed against a party until there is proof that they were properly served.
- Deadlines often start at service. The time a person has to respond to a lawsuit commonly runs from the date they were served.
- Improper service can be challenged. If papers are delivered the wrong way, to the wrong person or at the wrong time, the other side may ask the court to set the service aside. That can mean starting over and losing time.
What documents are served
The papers that need formal service depend on the case. Common examples include:
- a summons and complaint, which start a civil lawsuit;
- a petition, used to start many family law and other proceedings;
- a subpoena, which orders a person to appear or to produce documents;
- motions and notices that the rules require to be served on another party.
The court rules for your case decide which documents must be served formally and which can be sent another way, such as by mail to a party’s attorney.
Who can serve papers
Rules vary by state, but a few patterns are common across the country.
- An adult who is not part of the case. In many states, any adult who is not a party to the case can serve papers. The people involved in the case usually cannot serve the papers themselves.
- A sheriff, marshal or constable. Many courts allow papers to be served by a local law enforcement officer.
- A registered or licensed process server. Some states and counties require private process servers to be licensed, registered or certified. Others have no such requirement.
Professional process servers are often used because they know how to locate people, make repeated attempts at different times of day and document each attempt properly. Check the rules of the court where your case is filed to confirm who is allowed to serve your documents.
Common methods of service
Each state sets its own rules for how papers may be served, and the rules can differ between courts and between types of cases. In general terms, the methods you will see most often are:
- Personal service. The papers are handed directly to the person being served. This is the most widely accepted method.
- Substituted service. In some situations, the papers can be left with another responsible adult at the person’s home or place of business. Many states require extra steps afterward, such as mailing a copy.
- Service on a business. Companies are usually served through a registered agent or an officer or other person authorized to accept papers for the business.
- Service by mail. Some courts allow certain papers to be served by mail, sometimes with a signed acknowledgment of receipt.
- Alternative methods. When a person cannot be found after reasonable effort, a court may permit another method, such as posting or publication. This usually requires the court’s permission first.
Which methods are allowed, in what order, and with what follow-up steps depends on the state, the court and the type of case. When in doubt, follow the court’s rules or ask a lawyer.
What proof of service is
Delivering the papers is only half the job. The court also needs a record that service happened. That record is called proof of service. Depending on where you are, it may be called an affidavit of service, a return of service or a declaration of service.
Proof of service is usually a written statement signed by the person who served the papers. It typically records who was served, when, where and how, and which documents were delivered. It is then filed with the court so the case can move forward. Our guide to the affidavit of service explains what it usually contains and how to check it before filing.
How Court Runner USA fits in
Court Runner USA lets you order service of process online anywhere in the United States, in all 50 states and Washington, D.C. You upload your documents, tell us who to serve and where, and see your price before you submit. A verified process server near the address accepts the job, and you pay only after that happens.
You can follow every attempt in your dashboard, with the time, GPS location, photos and the server’s notes, and you receive the signed affidavit of service when the job is done. If you are getting ready to submit a request, read how to prepare your documents for a process server.