Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Before you can sue someone, you must notify them properly. "Service of process" is the legal requirement to deliver lawsuit papers in a specific way. Get it wrong, and your case could be dismissed. The U.S. Courts website provides official guidance on federal service requirements and procedures.
This Is Critical: Improper service is one of the most common reasons cases get thrown out. Courts require strict compliance with service rules.
What Is Service of Process?
Service of process is the formal delivery of:
- Summons (notice of lawsuit)
- Complaint (your claims)
- Other court documents
This ensures defendants know they're being sued and have the opportunity to respond - a constitutional due process requirement.
Who Can Serve Papers?
Acceptable Servers
- Sheriff or marshal: Official service
- Professional process server: Licensed in most states
- Any adult 18+: Who is not a party to the case
- Certified mail: In some courts/situations
Who Cannot Serve
- You (the plaintiff)
- Anyone named in the lawsuit
- Minors (under 18)
Pro Tip: Using a professional process server or sheriff creates the best proof of service and avoids disputes about whether service was proper.
Methods of Service
Personal Service
The gold standard:
- Hand-delivered directly to defendant
- No acceptance required - just delivery
- Can leave at their feet if they refuse
- Always acceptable method
Substituted Service
When personal service fails:
- Leave with responsible adult at home/office
- Person must be of suitable age and discretion
- Usually requires mailing copy too
- Must document attempts at personal service
Service by Mail
If allowed by court rules:
- Certified mail, return receipt requested
- First-class mail in some courts
- Small claims often allows mail service
- Must keep receipt as proof
Service by Publication
Last resort when defendant can't be found:
- Publish in newspaper
- Requires court permission
- Must show diligent search efforts
- Expensive and time-consuming
Serving Different Defendants
Individuals
- Personally to the individual
- At home to adult resident
- At workplace to person in charge
Corporations
- Registered agent (on file with Secretary of State)
- Officer, director, or managing agent
- Sometimes headquarters receptionist
LLCs and Partnerships
- Registered agent
- Member or partner
- Manager or general partner
Government Entities
- Special rules apply
- Usually specific office or official
- Check statute for requirements
Find the Agent: For corporations and LLCs, search your state's Secretary of State website for the registered agent. This is usually the easiest person to serve.
Service Deadlines
Time Limits
- Federal court: 90 days from filing
- State courts: Varies (30-120 days typical)
- Small claims: Often shorter
- Can request extension if needed
Consequences of Late Service
- Case may be dismissed
- Statute of limitations may expire
- Must refile and reserve
Proof of Service
Filing Requirements
After service, file proof with court:
- Affidavit of service: Sworn statement
- Who was served: Name and description
- When: Date and time
- Where: Address of service
- How: Method used
- By whom: Server's signature
Keep Records
- Copy of proof of service
- Certified mail receipts
- Process server's notes
- Sheriff's return
When Service Is Difficult
Avoiding Service
If defendant is dodging:
- Try different times of day
- Try home and work
- Use professional process server
- Document all attempts
- Request substituted service
Can't Find Defendant
- Skip trace services
- Public records search
- DMV records (if allowed)
- Social media investigation
- May need service by publication
Small Claims Court Service
Often Simpler Rules
- Certified mail often sufficient
- Court may serve for you
- Shorter deadlines
- Less formal requirements
Check Your Court's Rules
- Each court has specific procedures
- Ask clerk for service instructions
- Use court's preferred method
Small Claims Tip: Many small claims courts will serve the defendant for you by certified mail for a small fee. Ask the clerk about this option.
Service Costs
Typical Expenses
- Sheriff: $25-$75
- Process server: $50-$150
- Certified mail: $7-$15
- Publication: $100-$500
Recovering Costs
- Service costs usually recoverable if you win
- Include in your damages request
- Keep all receipts
Common Service Mistakes
Avoid These Errors
- Serving yourself (plaintiff can't serve)
- Serving wrong person
- Missing deadlines
- Incomplete proof of service
- Wrong address
- Not following up on service
After Service
Defendant's Response Time
- Federal court: 21 days (60 if waived)
- State courts: 20-30 days typical
- Small claims: Often set hearing date
If No Response
- Wait for response deadline to pass
- File for default judgment
- Must prove proper service
Try Resolving First
A demand letter can resolve your dispute without the complexities of service and litigation.
Create Your Letter