In the US, Americans who think they\u2019ve been harmed illegally can seek relief through their local court system. The US Constitution\u2019s due process clause<\/a> addresses this administration of justice. This clause states that legal proceedings should be fair so that no one is denied their \u201clife, liberty or property.\u201d<\/p>\n\n\n\n Fair proceedings includes following all laws to notify defendants that a legal matter has been filed against them. Delivering these notice papers is called serving court documents. You can find out more here, on so that your rights are protected.<\/p>\n\n\n\n\n\n Serving court documents is when a party delivers legal papers, outlining their intent to launch a legal action against another party. The shorter term for this act is called \u201cservice of process.\u201d<\/p>\n\n\n\n If these court documents aren\u2019t delivered consistent with the law, a judge may dismiss the case in court. Once a defendant is properly served, they must appear in court. If a defendant refuses to come to court, you can request the judge to issue a default judgment against the other party.<\/p>\n\n\n\n There are a number of ways to deliver legal papers that notifies defendants of claims against them. Some of these methods include:<\/p>\n\n\n\n Personal service of process occurs when defendants receive court documents in person. If court documents are served on a business, that business\u2019 representative is spelled out in the court documentation.<\/p>\n\n\n\n Substitute Serve of Process happens when court documents are left with another individual when the defendant is either unavailable or refuses to be served court papers. This other individual must be at least 18 years old. You can read on what methods process servers can use to finish their job with these uncooperative litigants.<\/p>\n\n\n\n This method is used only for eviction cases. Court papers are posted on the property where the eviction will take place. Service by posting is used after there have been many unsuccessful attempts to serve papers in person.<\/p>\n\n\n\n \u201cService by publication\u201d This method means that you\u2019ve published your summons or complaint in the newspaper of general circulation in the area where the defendant lives. Plaintiff\u2019s get a judge\u2019s permission to use this method if they don\u2019t know have the address for defendants or no other way to locate them.<\/p>\n\n\n\n Plaintiff\u2019s also need a judge\u2019s permission to post their summons or complaint at the courthouse. The court clerk will post these papers in a visible place inside the courthouse. Plaintiff\u2019s use this method if they don\u2019t have an defendant\u2019s address as an alternative to the service by posting method.<\/p>\n\n\n\n You can also serve court documents to someone on active duty in the armed forces. But the process is a little more complex.<\/p>\n\n\n\n If the defendant in your case fails to appear in court because they are deployed to other countries, a judge won\u2019t issue a default judgment against them if they\u2019ve been properly served. The federal government has given active duty military personnel special protections.<\/p>\n\n\n\n In order to get a default judgment, it\u2019s up to you to prove that the defendant is really not a military employee. You would need to file a Declaration of Nonmilitary Service with your court, asserting this claim. It\u2019s then up to the court to decide if your claim is valid or not.<\/p>\n\n\n\n Process servers are the professionals who can file court documents with the court on your behalf. They can also deliver or \u201cserve\u201d court documents to the opposing party involved with your case. Once they\u2019ve delivered these legal documents, process servers then fill out an Affidavit of Service that verifies that the court papers were \u201cserved.\u201d<\/p>\n\n\n\n In the past, law enforcement officers served all court documents to both parties in a lawsuit. These officers still serve some court documents like warrants and restraining orders. But the modern-day process server system now allows for delivering all other court papers so that police officers can concentrate on their main job-stopping crime.<\/p>\n\n\n\n State law spells out which case documentation a server can serve. When it comes to process service rules, the law of the state where the case comes from, dictates which service rules apply.<\/p>\n\n\n\n Most of these documents include different kinds of civil actions such as wage garnishment or small claims cases<\/a>. Other court papers might include complaints or an order to appear in court. Process servers can deliver these court papers in most local, state or federal court systems.<\/p>\n\n\n\n Defendants should be served their own individual set of court papers. If there are multiple parties at one location, they must each have their own copies of the same documentation. This includes married couples and multiple business partners who operate out of the same office.<\/p>\n\n\n\nWhat Does Serving Court Documents Mean?<\/h2>\n\n\n\n
Personal Service of Process<\/h3>\n\n\n\n
Substitute Service of Process<\/h3>\n\n\n\n
Service by Posting at Location<\/h3>\n\n\n\n
Service by Publication<\/h3>\n\n\n\n
Service by Displaying at the Courthouse<\/h3>\n\n\n\n
Service to Someone in the Military<\/h3>\n\n\n\n
What Does a Process Server Do<\/h2>\n\n\n\n
What Papers Can a Process Server Deliver<\/h2>\n\n\n\n
Next Steps<\/h2>\n\n\n\n