How to Serve Someone Court Papers
Serving court papers is delivering legal documents that inform the recipient they are being sued or being called to appear in court. The rules around proper service can be complex and vary by jurisdiction. Failure to serve papers correctly could derail your entire legal case before it even starts. This guide explains everything you need to know to properly serve process in court litigation.
What are Court Papers?
Court papers, also called legal documents or process, refer to any forms or lawsuits that officially notify the recipient they are involved in a court case. Common examples include:
- Summons: Officially informs the defendant they are being sued and orders them to respond.
- Complaint: The plaintiff’s formal lawsuit detailing what the case is about.
- Subpoena: Orders someone to appear in court or provide evidence.
- Motions: Written requests for the judge to issue a ruling or court order.
These documents must be delivered in strict accordance with legal rules for notice to be valid. The papers must clearly tell the recipient what case they are involved in, what court is handling it, and if any action is required.
Why You Might Need to Serve Papers
There are two main reasons you may need to formally serve someone court documents:
You’re the plaintiff
If you have filed a lawsuit against someone, you are required to properly notify them through accepted service methods. This gives them formal notice to respond within a time period or risk a default judgment against them.
You’re the defendant
If someone has filed a lawsuit against you, you need to be served the court papers alerting you of the case. Being served gives you critical information on deadlines to respond and where the lawsuit was filed.
Finding the Recipient
Before attempting service, you have to determine who specifically should get served and where you can locate them to deliver documents.
Getting their legal name
Get the recipient’s full legal name if serving an individual person, or the registered business name if serving a company. Nicknames or informal names may not be valid.
For businesses, identify the proper registered agent or office address. Never serve a random employee.
Finding their physical address
Confirm a primary home or business street address suitable for service. Avoid PO boxes which are often not appropriate. Perform skip tracing if needed to verify their current residency.
Ideally use an address where they live and can reasonably receive papers. Work addresses are OK too but should be handled discreetly.
Who Can Serve Papers
You have two options to deliver the notice:
Using a process server
Process servers are professionals trained on legal rules and documentation who deliver court papers as a third-party. This offers independence and expertise.
Fees average $45-$100 per service depending on difficulty and location. Difficult serves often cost more.
Serving papers yourself
Any adult not involved in the case can personally serve process. But self-service has more legal pitfalls regarding proof and procedure. Expect to file a detailed affidavit afterwards.
Friends, relatives, colleagues can all do DIY serving if properly instructed. But remain discreet.
Rules for Proper Service
Each jurisdiction specifies legal protocols for valid notice and process. While details differ, some standard methods apply:
Personal service
For individual defendants, papers are directly handed “personally” to them. This guarantees notice but can be challenging to coordinate a face-to-face exchange. Make multiple attempts if needed.
Substitute service
If the defendant avoids personal service, deliver documents to another competent member living in their home like a spouse, roommate or relative over 18.
Service by mail
Mailing civil paperwork through USPS first-class mail or certified mail provides a paper trail but doesn’t guarantee actual notice. Defendants could discard mail unopened.
Service by publication
If no other options exist to locate a defendant, seek judge approval to publish a legal notice summary in a local newspaper where the defendant last resided. Allows case to proceed but weakens later judgment.
Preparing the Documents
Once you determine who will be served what documents, properly prepare papers for delivery:
Formatting standards
- Print single-sided with no staples, bindings or folders so all pages are loose. Courts require loose pages.
- Page numbers prevent disputes over missing pages. Number each form.
- Use font sizes and margins courts accept without rejecting filings over formatting.
Making copies
- Make one full copy for recipient’s records.
- If serving multiple defendants, prepare packages for each.
- Organize papers so case details and identity of server are visible.
Attempting Service
Now comes delivering documents to complete legal notice:
In person
With personal or substitute service, hand all copies to the defendant in a neutral manner. Say “These are court papers for you” to alert them. Stand back politely for them to inspect.
Leave papers behind even if they refuse or discard in front of server. Your proof obligations are complete once service attempt is made.
By mail
For mail service, send postal letters including summons, complaint and all attachments to defendant’s verified address with delivery confirmation and certified mail tracking.
Save sender’s receipts showing documents were properly mailed for later court filing.
By publication
If forced to publish notice in a newspaper local to defendant’s last known good address, select a paper of record acceptable to the court.
Pay extra for a “legal notice” classified so it stands out, usually in a dedicated section. Save affidavit receipt.
Proof of Service
Whoever serves process must completely document delivery efforts and provide sworn proof to the court saying service protocols were followed.
Process server’s affidavit
Professional servers file a formal, notarized legal affidavit detailing who, when, where and how papers were served. Affidavits prove to judges that procedures were properly followed.
DIY affidavit of service
If you self-serve documents, afterwards you must sign an affidavit under penalty of perjury that you personally delivered notice papers to the recipient as described. Fully detail every relevant particular around service dates, places, recipients and any other useful information.
Common Problems
Despite best efforts, serving papers doesn’t always go smoothly. Some issues that can come up:
Bad address
If the given address is invalid, research to find a better one. If not, attempt substitute service by leaving court papers with a family member. Or seek judge approval for alternatives like public notice by publication.
Uncooperative recipient
If defendant hides from servers, becomes threatening or destroys papers, retrieval isn’t required. Simply note details in your affidavit, take photos if allowed, then leave. Service is still legally effective in most cases.
Invalid service
If a judge later rules services defective for rule non-compliance, you’ll have to restart notice from scratch. Use the feedback to fix problems before re-serving papers properly. Common rejects involve proof, notice details or serving the wrong party.
Next Steps after Service
Once service is accomplished and sworn in affidavits, further case processing happens:
Wait period
Leave time for the courts to receive notice filings and for defendants to become aware of the lawsuit demands against them and respond at least initially.
For urgent matters, request the court expedite the case faster than their standard pace.
Response from recipient
In most suits, defendants have 20-30 days to reply admitting or denying allegations, filing counterclaims and requesting dismissals. Settlement negotiations often start during this period.
If no timely answer received, see next step.
Default judgment
If properly notified defendants still fail to respond within legal deadlines, ask the court to enter a default judgment order fully in your favor. This provides judgments granting 100% of requested relief as defendants forfeit rights.
Conclusion
Serving court paperwork kicks off legal cases. Master proper service to ensure your lawsuit gets off on the right foot. Understand rules in your jurisdiction, locate defendants reliably, prepare documents completely, serve parties accurately, fully document your efforts afterwards with affidavits, and deal constructively with any difficulties if recipients won’t cooperate.
Valid service sets cases in motion. Invalid service derails them instantly. Avoid amateur mistakes and follow procedures closely so your case progresses fairly based on legal merits rather than technicalities.
FAQs
Q: Can anyone over 18 perform service?
Yes, but professional process servers are preferred for reliability. The server must understand court requirements and later document service details accurately under oath.
Q: What if I don’t know where the recipient currently lives?
Then performing traditional in-person service becomes impossible. Seek court permission for alternate means like serving their lawyer or business associates, or using service by publication announcing the suit publicly where they were last known to reside.
Q: Is serving court papers harassment?
Not legally. Serving valid process is an essential step initiating legal cases fairly. But make sure you serve papers fully compliant with court rules, without undue hostility or unlawful threats. Stress civility.
Q: Can court paperwork be served electronically via email or social media?
Rarely, unless your specific court jurisdiction has authorized electronic service on a limited trial basis. For now, traditional physical notice remains standard in most cases to ensure fair due process.
Q: Can minor children be served process meant for a parent?
No. Minors lack legal capacity to understand litigation notices or relay them reliably to defendants. Instead use substitute service on competent adults in the same household or skip trace the parent for direct notice.
Q: Can the plaintiff serve court papers themselves?
No, a neutral third party must handle delivery of all documents to remove questions of bias or fraud.
Q: How long does a process server have to serve the papers?
Deadlines vary by state and situation, but are typically quite short – some require service within 1-3 days of filing the case.
Q: What if no one is available to accept service at a residence?
If no qualified person is home after several attempts, most states permit substituted service by mailing and taping papers at the defendant’s door.
Q: Can I check the status of service of process in my case?
Yes, contact the court clerk’s office to request confirmation if proof of service has been filed by the process server or plaintiff.
Q: What happens if we realize service was incomplete – can we fix it?
You must immediately notify the court and request permission to reserve the defendant. If deadlines have passed, a judge may still allow it if due diligence is shown.
