Requirements of Proper Service of Process

By Leonard R Gendelberg

Requirements for Proper Service of Process - An Overview

If you have been named as a defendant in a lawsuit, you may be scrambling to find an attorney or to otherwise equip yourself for the case ahead. However, before enlisting a costly advocate or investing too much energy in researching legal issues, you may want to investigate whether you have grounds to dispute proper service of process.

Service of process is the formal process of giving an individual or business a Summons to come to court, usually associated with a Complaint filed against them. When a lawsuit is filed against you, the law mandates that you must be given proper notice that you are being sued. There are many legal requirements in place that dictate what constitutes proper service of process, and if these protocols are not followed, you may have grounds to lodge a dispute and have the case dismissed.

Rules regarding service of process vary by jurisdiction, however, in general, proper service of process requires that the Summons and Complaint be delivered in one of three ways:

By the sheriff of your county

By a licensed process server

By certified mail

While the first and third cases are self-explanatory, the second warrants further examination. A process server is an individual who has been licensed by the state or otherwise possesses the credentials to serve a Summons and Complaint. Process servers are not exempt from standard legal requirements, and therefore cannot trespass on property or otherwise infringe on your individual rights.

In general, in order for a Summons and Complaint to be considered properly served, the process server must confirm that the recipient is a qualified agent for acceptance of service for the named defendant. When the entity being served is a business or corporation, their agent for service of process is identified in their papers of incorporation filed with the appropriate state office. In instances where the defendant is an individual, service must occur to the named defendant. Many jurisdictions will allow substitutions of service. In cases such as these, the Summons and Complaint may be considered properly served if they are left with an individual of "suitable age" residing at the household of the defendant.

In all cases, the recipient of service must identify himself or herself to the process server and acknowledge receipt of the Summons and Complaint. It would be considered unacceptable for a process server to leave these documents at the home, without receiving personal confirmation that an appropriate agent had accepted them.

A Summons must also be properly served by a stipulated deadline. The recipient of service must receive the documents on or before this deadline. If the deadline is missed, the Summons is considered improperly served. In cases where service of process is performed by certified mail, courts will consider the date that the recipient physically received the documents, and not the date of postmark. Similarly, the process server or sheriff must deliver the documents in person by the stipulated deadline in order to achieve proper service of process.

If you believe you were improperly served with a Summons or Complaint, it is imperative that you file a motion disputing proper service of process before you take any other action. If the court observes that you have taken other action in the case, you will not be permitted to dispute improper service. Because of the time-sensitive nature of these lawsuits, if you are in any way skeptical of the propriety of service of your Summons and Complaint, it is imperative that you research your jurisdiction's process serving requirements as soon as possible.

Improper service can lead to your case being thrown out by the court, so it's worth the time you spend to research whether you have infact been properly served. A consumer attorney can also help you with this. Most consumer attorneys offer free legal consultations, so it can be worthwhile for you to engage in such a free consultation. Afterall, no one wants a lawsuit but if a lawsuit has infact been filed against you, you deserve to be properly served. That's why laws were established regarding proper service.

If you have been named as a defendant in a lawsuit, you may be scrambling to find an attorney or to otherwise equip yourself for the case ahead. However, before enlisting a costly advocate or investing too much energy in researching legal issues, you may want to investigate whether you have grounds to dispute proper service of process.
Service of process is the formal process of giving an individual or business a Summons to come to court, usually associated with a Complaint filed against them. When a lawsuit is filed against you, the law mandates that you must be given proper notice that you are being sued. There are many legal requirements in place that dictate what constitutes proper service of process, and if these protocols are not followed, you may have grounds to lodge a dispute and have the case dismissed.

Article Source: http://EzineArticles.com/?expert=Leonard_R_Gendelberg