Serving Process in a Lawsuit
Many people are familiar with service of process from movies and televisions shows that depict individuals being provided with legal papers. After a lawsuit is started, the legal papers that were filed to initiate the litigation need to be served on the defendants, and this is called service of process. This provides a defendant with notice that a lawsuit is filed, which is necessary for the proceedings to be transparent and fair. Although states permit different methods of service of process, a few particular ways of serving process in a lawsuit are allowed in many jurisdictions.
Personal Service
The “gold standard” of serving process in a lawsuit is personal service. When process is served on an entity this way, the papers are personally handed to the individual to whom the process is directed. In addition, process does not always need to be physically given to the person for personal service to be effectuated. For instance, if the person being served fails to accept process, the papers can usually be left in the vicinity of this person and this will still count as personal service. In addition, if a process server talks with someone through a door or another similar situation occurs, and papers are left near the door, this could still count as personal service. Evading process or refusing service will normally not be effective at keeping a case from moving forward so it is usually advisable to accept service from a process server.
Service on an Entity’s Home
Some states (including New Jersey and New York) allow parties serving process in a lawsuit to serve the papers on someone at the home of the person to be served. Normally, the process needs to be served on an individual of a certain age (usually 14 and older) and the person served typically needs to be a member of the household of the person to be served. Furthermore, the place at which the person is served needs to be a dwelling where the person to be served calls home and not merely a place at which they are sleeping temporarily. Sometimes, there are other conditions that need to be met when serving process in a lawsuit through this method, so if the person to be served can be located at their home, it makes sense to deliver the papers directly to them rather than another person in their household.
Nail and Mail
In some states (such as New York), parties serving process in a lawsuit can adopt the “nail and mail” method of service. With this method, a person can be served if the process is affixed to their doorknob or another part of the entrance to their residence. Then, a copy of the papers to be served are mailed to the individual to be served. Normally, this method can only be used if the person to be served cannot be served personally or other methods of substituted service cannot be effectuated. In case there is a dispute about whether papers were properly affixed to the door of an abode, photographs and other evidence should be taken when performing this method of service.
Service by Certified and Ordinary Mail
Another method of serving process in a lawsuit is by sending the process by ordinary and certified mail. In states that allow this type of service, it is generally only allowed if the other methods of serving a party have been exhausted or if the party to be served is in a different state. Individuals hoping to serve process by mail should be prepared to prove to a court that they diligently tried to serve the papers through other allowable methods, and should keep return receipt cards and proof of the mailing. It is also important to prove that the process has been mailed to the correct addresses for a party so that the service is effective.
Publication
Serving process in a lawsuit is also possible in certain instances if a notice about the case is published in a newspaper. Generally, this method of service is only permitted for certain types of lawsuits like those involving a specific piece of property. In addition, publication is usually only permissible if the other types of service are unsuccessful. Moreover, it is important to include all of the details needed by law to be in the publication, and to keep all proofs that the publication was made in case there is a dispute about the effectiveness of the service.
Alternate Methods
Most states also authorize courts to permit alternate methods of service process in a lawsuit. For instance, a court may permit a party to be served through email so long as it is proved that the email address to which service is sent is accurate and used regularly. In addition, courts may also permit parties to be served through social media platforms if it is found that this would be an effective way for a party to be notified of a lawsuit. At bottom, service of process is aimed at providing a litigant fair notice about pending litigation, and courts may condone alternate methods of providing this notice.
Of course, it is important to consult a lawyer before serving process to ensure that the right method is being used to effectuate this important part of a lawsuit. If you are looking for an experienced New York and New Jersey litigation lawyer to handle your legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.