What is process serving, and what should you have ready?

When a lawsuit starts, a subpoena issues, or a court enters certain orders, the people involved usually have to be formally notified. Process serving is how that notice is delivered. It sounds simple, and often it is, but the delivery has to follow the rules of the court where the case is filed, and it has to be documented so the court can see it happened. This guide explains what process serving is, when people need it, what to have ready, and what to expect once you hand the papers over.

This article is general information, not legal advice.

What process serving is

"Process" is the set of legal papers that tells someone they are part of a court matter or must do something: a summons and complaint, a petition, a subpoena to appear or produce records, or a court order. Serving process means delivering those papers to the right person or business in a way the court accepts, then completing a written proof of service (sometimes called an affidavit or return of service) that describes who was served, when, where, and how.

The point is fairness. A court generally will not move forward against someone who has not been properly told about the case. If service is done wrong, the case can be delayed, and the papers may need to be served again.

Who may serve, and how, depends on the court

The rules for process serving are not the same everywhere. They vary by state, and they can differ between state and federal courts and even between local courts. Depending on the court, the rules may address who is allowed to serve papers, which methods count (for example, personal delivery, leaving papers with someone at a residence, or delivering to a company's registered agent), how long you have to complete service, and what the proof of service must say.

Because of that, the source for your rules is your attorney or the clerk of the court handling your case. A professional server will work to the requirements you give them and will ask questions when something is unclear.

When people need a process server

• Starting a civil case. The defendant usually has to be served with the summons and complaint.
• Subpoenas. Witnesses and records custodians may need to be served to appear or produce documents.
• Family matters. Petitions and related papers in divorce or custody-related cases often require formal service.
• Protective and restraining orders. In some places these are served by law enforcement; in others a private server may be permitted. Ask the court.
• Landlord and small-claims matters. Notices and filings may carry their own service requirements.
• Hard-to-find people. When an address is out of date, service may need a locate first. See background checks: what investigators do for how lawful research works.

What to have ready

The more a server knows, the fewer wasted trips. Before you hand off papers, gather:

• The complete set of documents to be served, as filed, with enough copies
• The case number, the court, and any deadline for completing service
• The full name of the person or business, plus nicknames, former names, or the registered agent for a company
• Last known home and work addresses, and hours the person is usually there
• A recent photo or physical description, and any vehicle they drive
• Anything that affects safety: dogs, gated access, a history of violence, or a known weapon
• Earlier attempts, if any, and what happened
• Your attorney's contact information, if you have one

What to expect

A server will usually try the most promising address first and vary the day and time of later attempts. When the person is found and identified, the server delivers the papers as the rules allow and records the details: date, time, place, and a description of the person served. The server then completes the proof of service on the form or in the format the court requires, and you or your attorney file it.

Service does not always happen on the first attempt. Some people are rarely home, some live in secured buildings, and some try to avoid service. A professional will not trespass, force entry, threaten anyone, or misrepresent who they are in ways the law prohibits. If attempts fail, the options depend on the court's rules; your attorney can tell you what alternatives, if any, are available.

Sensitive and family matters

Serving papers in a domestic matter, especially an order of protection, calls for extra care. The person being served may react strongly, and the person who asked for the order may be at risk after service. Share any safety concerns up front, and see domestic investigations: what to know for more on handling family matters discreetly and lawfully.

Example (hypothetical)

A small business owner needs a subpoena served on a former contractor who left the area. The owner's attorney provides the subpoena, the court's deadline, and the last address on file. The contractor no longer lives there, so an investigator first runs lawful locate research, finds a newer address in another state, confirms the rules that apply with the attorney, and serves the contractor at home on an evening attempt. The server completes the proof of service and sends it to the attorney for filing.

Talk it through

TB Defense is based in Chicago and led by a Chicago Police officer with 20 years of service, with investigators who handle process serving and locates locally, nationally, and internationally. Tell us what needs to be served, where, and by when. Read how we handle process serving and domestic matters and legal investigations, or Get protected and tell us about the papers you need served.

Common questions

What does a process server do?

A process server delivers legal papers, such as a summons, complaint, subpoena, or court order, to the person or business named in them in a way the court accepts, then completes a proof of service describing who was served, when, where, and how.

Who is allowed to serve legal papers?

It depends on the state and the court. Rules may limit who can serve, which methods count, and how long you have. Your attorney or the court clerk can tell you what applies to your case.

What if the person avoids being served?

A server will usually vary the days and times of attempts and may run lawful locate research. If attempts still fail, the alternatives depend on the court's rules, so ask your attorney what options are available.

What should I give the process server?

The documents to be served, the case number and court, any deadline, the person's full name, addresses and usual hours, a photo or description, any vehicle, and anything that affects safety.