Process serving ensures individuals are properly notified about legal actions involving them. While serving papers in person is the most traditional approach, it’s not always possible—particularly when the recipient is elusive or unavailable. Fortunately, there are several alternative methods of process service that remain legally valid and ensure cases can proceed smoothly.
From certified mail and substitute service to posting notices on doors, these methods allow process servers to fulfill their role even in challenging situations. However, every method comes with its own set of legal requirements and restrictions, emphasizing the need for precision and compliance.
In this article, we’ll explore the different ways process servers deliver legal documents, the rules they must follow, and why hiring a professional process server ensures your case moves forward without complications. Whether you’re an attorney, landlord, or private individual, understanding these methods lets you navigate the process effectively.
Different Methods of Process Serving
Serving papers in person isn’t the only way a process server can do their job. If they aren’t able to get the person they’re serving to sign, there are other legal methods to process service:
- Mail: Service of process can be sent via certified mail. The server needs proof the person resides at that address, though.
- Substitute Service: Some states allow process servers to leave the papers with someone else who also resides at the defendant’s address, such as a spouse or roommate. This person must be at least 18 years old.
- Posting on the Front Door: If the person getting served isn’t home, the process server can leave a notice on their door if the court allows it. Again, the server needs proof the person resides at that address first.
These methods work if the process server can’t get a hold of the defendant in person. However, the server still needs to verify that they have the right information for this person, particularly their address.
Does the Court Case Continue If the Defendant Isn’t Served?
If service of process is completed to the court’s satisfaction either in-person or with one of the above methods, yes the case will continue. That means that a defendant can’t just ignore the process server or plead ignorance.
The main purpose of process serving is to ensure that relevant parties are adequately informed about legal proceedings involving them. States have laws about how to complete service of process properly, so that individuals aren’t able to simply deny having received the papers.
If the defendant ignores the papers or somehow doesn’t know about them, they could end up missing their own trial or hearing. This absence might be taken into account when the judge rules on the case.
Restrictions on Process Servers
Although professional process servers are resourceful when it comes to finding and serving elusive individuals, they still must follow strict guidelines. They can serve legal papers and conduct investigations to track people down (known as skip tracing), but they can’t use physical force or coercion and they need permission to enter private property.
Some other restrictions on process servers include:
- They can’t block the driveway at a private residence
- They can’t hack into private accounts while conducting an investigation
- They can’t use false pretenses to obtain information
- They can’t provide legal advice
- They can’t fill out legal forms on behalf of someone else
- They can’t use physical force or coercion to attempt service of process
- They can’t violate individual privacy rights
- They can’t enter gated communities without permission
Both process servers and recipients of legal documents should understand what is and isn’t allowed during service of process. One way to ensure a process server follows the rules in your jurisdiction is by hiring a professional.
Recipients of Legal Documents Have Rights
Individuals who receive legal documents have certain rights that process servers must uphold. If they don’t, the process server risks getting the legal case dismissed.
Refusing Service
Individuals can refuse service of legal documents, but that doesn’t stop the case from proceeding. Avoiding service can also lead to fines.
Legal Representation
Recipients of legal documents can hire an attorney to review the papers and respond to them on their behalf. Process servers must be aware of this when trying to serve papers and not attempt to prevent the individual from hiring an attorney for the sake of speeding up the case.
Privacy
As mentioned, process servers cannot violate basic privacy rights. They can’t gain access to private information illegally or enter private premises without permission. Doing so could jeopardize the legal case.
Protection from Harassment
Process servers are allowed to make several attempts to serve legal papers to someone in person, but they cannot let these attempts become harassment. Stalking, excessive phone calls or emails, verbal abuse, or causing emotional distress count as harassment.
Review and Respond to Legal Documents
Once legal papers have been served, the defendant has the right to review them within a certain specified time period. They’re allowed to have the opportunity to understand the documents so they can defend themselves in court, or hire legal representation.
Working with Professional Process Servers
Some states require process servers to have special certifications, others simply have an age requirement. That means you could ask just about anyone, including your firm’s office assistant, to go serve legal documents depending on your jurisdiction.
But not everyone is qualified to serve legal papers. Although states might not have legal requirements for the person serving the documents, they do have laws about how the documents must be served. That’s why you don’t want just anyone to serve papers for you.
A professional process server will know the applicable rules in your state and be able to do the job efficiently and professionally—so you won’t have to worry about having your case thrown out because of a filing error.
Professional process servers also have experience finding people that don’t necessarily want to be found. They have solutions for serving documents to a difficult or missing defendant that are within the legal boundaries and keep your case on track.
Firefly Legal is an industry leader in service of process because of our commitment to professionalism. When you work with us, you get:
- Industry Best Practices: We’re ahead of the latest trends and technologies and constantly working on ways to improve our services.
- Compliance: Our experienced process servers stay up-to-date on changes in local laws to ensure they serve legal papers legally.
- Confidentiality and Discretion: We handle sensitive information on a regular basis. Our process servers are discrete and know how to keep tensions from escalating in delicate situations.
- Long-Term Attorney Partnerships: We over-deliver so that you choose us every time you need service of process. That way, you don’t have to go looking for a process server for every new case.
Understanding the Rules of Process Serving
Process serving is more than just delivering legal documents—it’s about ensuring due process and maintaining the integrity of the legal system. While there are multiple methods for serving papers, each comes with specific requirements and legal boundaries that must be followed to avoid jeopardizing a case.
Hiring a professional process server offers peace of mind, knowing your documents will be served in compliance with state laws and with the professionalism required in sensitive situations. From handling elusive defendants to navigating complex service requirements, a skilled process server can help keep your case on track.
At Firefly Legal, we pride ourselves on offering reliable, compliant, and discreet process-serving services. Whether you’re facing a straightforward delivery or a more challenging case, our team is equipped to handle it with efficiency and care. Let us be your trusted partner in process serving. Reach out to us today to learn more.
