Service of process is the formal delivery of court papers to the other side. If it is done wrong, the court may dismiss your case or throw out a judgment.
Common methods
- Personal service by hand-delivery to the defendant.
- Substitute service, leaving the papers with a responsible adult at the home or workplace and mailing a copy, where allowed.
- Certified mail with return receipt in some courts.
- Service by a sheriff or professional process server.
- Alternative service, such as posting or publication, with court permission.
Who can serve
Rules differ, but you usually cannot serve your own papers. Many states allow any adult who is not a party to the case. Others require a sheriff or licensed process server. Check your court's rules.
Proof of service
- The person who served the papers completes a proof of service form.
- The form lists the date, time, place and method.
- File it with the court by the deadline.
- Keep a copy.
If you cannot find the defendant
Courts expect diligent efforts first. Search records, contact relatives or employers and document every attempt. Then ask the court for permission to use an alternative method.
Frequently asked questions
Can I serve papers on a Sunday?
Some states restrict it. Check your local rules.
What if the defendant refuses to take them?
Leaving the papers at their feet or nearby can still count in many places.