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The Legal Process: 10 Things You Need to Know Getting Served

The legal process is a tricky thing and getting served papers isn’t at all like what you see in the movies – or is it? To learn more about getting served, what legal process servers can and cannot do, and more, just read this article.

Someone is threatening to sue you. How worried should you be?

It depends in large part on why the person is threatening to sue you, but if you do think a lawsuit might be imminent, it helps to know a little about being served.

The legal process of being served can be complicated, so read on for 10 things worth knowing about getting served.

1. A threat to sue isn’t service

Lots of people say things like “I’m going to sue!” Most people don’t actually go through with hiring a lawyer to draw up a lawsuit.

Threatening to sue is quick and easy. It’s a way for someone to blow off steam when they’re upset about something.

The legal system doesn’t move fast unless you’re appearing on Judge Judy. IN fact, the legal process is designed to be slow and deliberate.

If a process server appears with legal papers, then you’re being sued. Someone yelling, “You’ll hear from my attorney!” isn’t the same thing.

2. Evasion isn’t a good legal strategy

They can’t serve you legal papers if they can’t find you, right? True, but hiding from a court case isn’t as easy as people want it to be.

It can work for a little while if you almost never go out in public or run away anytime someone looks in your general direction. But if you want to know what happens if you avoid being served court papers, the answer is usually something like “They find an alternate means of service.”

Posting a public notice in a local newspaper is a common tactic if all other attempts at service to fail. If the person being sued doesn’t see the notice in the newspaper, the lawsuit can proceed without them, which often means a default judgment.

It’s much better to accept the papers and try to figure out what’s going on.

3. It won’t look like it does on TV

Don’t expect a process server to say, “You got served” while handing you an envelope full of legal documents. They’re more likely to say something basic like “These are legal documents for you.”

Process servers want to do their job more than they want to say something witty or dramatic.

They also don’t know how you’ll react to being served, so it’s in their best interest not to say anything that might provoke a bad reaction.

It’s possible you’ll hear it, but it’s by no means a requirement. The service is still legitimate either way.

4. Legitimate process servers don’t e-mail or demand cash

Don’t click on an email with a subject line like “Notice of lawsuit.” The service of process won’t be routed through your Yahoo or Gmail account.

This is a common e-mail scam. When you click on the notice, a fake court document appears on your screen, and then your computer starts downloading malware.

No legitimate process server will call and you demand money, either. That’s a shakedown designed to scare you.

If you aren’t sure what a legitimate process server company looks like, take a look at this website. Notice how none of the reviews say, “Bob demanded I pay $1,000 immediately to make the lawsuit go away. Five stars; would happily get threatened by them again.”

Professional process servers are going to act, well, professional.

5. It might not be a sheriff’s deputy who serves you

Speaking of process servers, it’s becoming more common for a private process server to do the job rather than a sheriff’s deputy or other law enforcement officer.

Many law enforcement agencies don’t want to deal with the hassle of serving court documents to people. They have more pressing matters to deal with.

It’s possible that a person wearing a police uniform and badge will be the one who hands you legal documents, but it’s not guaranteed.

6. You can get served by certified mail

If you’re going to get served through the U.S. Postal Service, it’s almost certainly going to be via certified mail.

That’s because certified mail requires you to sign something saying you’ve received the parcel.

You can’t sign for something, realize that you’re being sued, and then refuse to look at the documents. That’s not helpful.

7. Process servers can’t violate the law to serve you

If you refuse to answer the door, a process server can’t crawl in through the dog door. That’s a crime.

They can’t say they’re a police officer they’re not.

They’re definitely not going to pretend to be a singing telegram service, only to sing a song about how you’re being sued once you answer the door. That’s the stuff you find in movies.

A legitimate process server isn’t going to take the time to develop an elaborate ruse.

8. You might not be the defendant

There are multiple reasons for being served papers.

You could be getting a subpoena to testify in court. You might also have access to documents that could be considered evidence.

You may not be thrilled by either of those options, but they’re usually preferable to getting sued.

9. You must answer the complaint

You’re being served with time-sensitive documents. Once you’ve received them, you have a certain amount of time to answer.

You may read the papers and think that the person suing you has no case. That’s fine, but it doesn’t mean you can ignore it.

A refusal to appear just makes it that much likely that a default judgment will be entered without you having a chance to respond.

10. You probably shouldn’t represent yourself

It’s tempting to think just showing up in court and making your case will be the easiest route, but that’s not a good idea unless you’re being sued in small claims court. The rules are typically different there.

What if it’s your business that’s getting sued? Then you definitely need a . Those kinds of things are too complicated to risk going it alone.

It’s understandable to dislike the idea of spending more money, but you risk losing much more if you don’t hire an experienced legal mind to assist you.

Legal Process Solutions

The fact that someone has filed a lawsuit doesn’t automatically mean they’re going to win it.

That’s now how the legal process works.

Countless people have to deal with lawsuits, so you should know that you’re not alone.

You need to come up with a coherent legal strategy once you’re served, and we can help with that.

Take a look at our while you figure out your next move.