Suppose you’re getting divorced, attempting to file a personal injury lawsuit, or any other scenario where you must serve a defendant with legal documents. Typically, they live within your hometown or at least within your state. However, how do you serve documents in another state other than yours? Maybe the person you need to serve has moved far away, or maybe you have relocated.
Serving someone in another state is more common than you might think. People frequently move to other states, and in the case of an auto accident claim, the negligent driver could be a visitor from another state who was passing through. Either way, you’ll still need these individuals to be served, but process serving laws can vary from state to state, complicating the process.
The Importance of Understanding State-Specific Process Serving
Serving legal documents involves much more than simply handing them over. Every U.S. citizen has the fundamental right to be informed of legal actions against them, ensuring they have the chance to respond and prepare. This critical task is typically performed by a process server, who is well-versed in the state laws governing the delivery of legal documents.
However, serving legal documents is governed by state laws, and confusion can arise if you need to have papers served to an individual who resides outside your state. If the state’s regulations concerning process serving aren’t followed precisely, it could cause issues with your lawsuit. Adherence to each state’s process serving regulations underscores the importance of understanding state-specific requirements.
Some State-Specific Process Serving Guidelines to Consider
Since process serving regulations can vary from state to state, it’s important to understand the differences. Some things to consider when you need to serve documents in a different state include:
- Licensing requirements: Some states require process servers to be licensed or to obtain a process serving certificate. Requirements for process serving could include passing an exam, a background check, or completing a training course.
- Methods of service: Some states allow servers to simply leave the documents at the individual’s home or place of employment. In contrast, others could require the delivery of the documents to be directly handed to them.
- Service timeframes: States may have different timeframes for the timely delivery of legal documents. These timeframes generally determine the speed at which documents must be served after filing with the court.
- Proof of service requirements: Some states require a process server to provide proof of delivery service to courts using a sworn affidavit, while others may not have this requirement.
- Restricted hours: The days when papers can be served may differ from state to state. Some restrictions could include serving on Sundays or during certain holidays. For example, in California, papers cannot be served on Sundays, New Year’s Day, Independence Day, Thanksgiving Day, or Christmas Day.
The criteria defining lawful and successful process servicing vary based on three primary factors:
- The type of case (e.g., real estate, debt collection)
- The state where the lawsuit was initiated
- The state in which the documents must be served
How to Serve Documents in Another State
Not all process servers provide out-of-state service. If they don’t, most will be happy to provide information on a reliable and professional service in the state where your papers need to be served. Fortunately, Firefly Legal provides nationwide process serving, so you won’t have to locate a server that can handle your request. Our process servers are well-versed in the regulations and nuances of serving legal documents in all 50 states.
There are a few different methods for serving documents, and which method is employed has a lot to do with each state’s requirements. The three most common methods include:
- Personal service: This type of service involves personally handing the papers to the individual and is the most direct and most often used method.
- Substitute service: Substitute service is used when the individual isn’t available. The papers are left with a responsible adult at the individual’s home or workplace.
- Service by mail: Some jurisdictions allow documents to be sent via certified or registered mail with a return receipt requested. The recipient must sign the receipt to confirm delivery.
Understanding the legal requirements for process serving in a different state is paramount, but providing your server with as much information as possible is equally crucial. Depending on the nature of your case, some individuals may not want to be served, and this can make the process a bit more complicated. To ensure that they’re found, your service may need to employ a technique known as skip tracing.
To ensure that the individual being served is found, it’s helpful to provide the following information:
- A physical description (weight, height, body type, hair color and style, tattoos, scars)
- A recent photograph of the individual
- A description of the person’s vehicle and license plate number, if possible
- The individual’s typical work schedule
- The type of case, like a motor vehicle accident, assault, or divorce
- Any special circumstances, such as if the person is hard of hearing, owns aggressive animals, or has a history of avoidance
This information is helpful for your process server, even for in-state service, but it can be especially important if they are working in an unfamiliar area. Supplying your process server with as much information as possible is crucial since some states have strict timeframes for when legal documents must be served.
Why Choose Firefly Legal as Your Process Server?
The team at Firefly Legal has a combined experience of over 150 years in the process serving industry. As the plaintiff who is required to have defendants in a lawsuit served papers, you cannot by law serve them yourself. Why leave this necessary and very important task to just anyone, especially if you need to serve someone in another state?
Firefly Legal has the savvy to ensure your papers are served legally and on time every time. We not only act as your process server professional but also provide skip tracing services for hard-to-find individuals and file your papers with the court.
Contact us today to learn more about all of our process serving services.
