Starting a lawsuit means you need to officially notify the other person. Courts call it serving papers, and you have to do it right or your case gets stuck. A lot of people wonder if they can just hand the documents over themselves. The short answer: no, you can’t if you’re involved in the case. Let’s break down how this works and why it matters.
What Serving Papers Actually Means
When you serve papers, you’re giving someone legal documents that tell them about a court case. Maybe you’re suing them, maybe you need them to show up as a witness, or maybe you’re filing for divorce. Whatever the reason, the law says they deserve to know about it officially.
The papers you might need to serve include a summons and complaint when you’re starting a lawsuit. A subpoena means someone has to come to court or hand over documents. Petitions come up in family court for things like divorce or custody fights. Motions ask a judge to make a ruling on something specific. Eviction notices tell tenants they need to leave. Every state has different rules about how you deliver these papers and when you need to do it. Miss a deadline or do it wrong, and you could lose your case before it even starts.
Why You Can’t Serve Your Own Papers
Here’s the rule in every single state: if you’re part of the lawsuit, you can’t hand the papers to the other side yourself. Period. Courts want someone neutral doing this job so there’s no question later about what happened. Did you actually give them the papers? Did you threaten them? Did they refuse to take them? Having a third party handle it removes all that drama.
If you’re not involved in the case, you might be able to serve papers for someone else. You need to be 18 or older and have no stake in the outcome. Some states want you to live there too. And depending on what kind of case it is, you might need a licensed process server or even a sheriff. People try to save money by asking a buddy to do it, but friends make mistakes. They hand papers to the wrong person, forget to write down important details, or miss the deadline completely. Then the whole thing has to start over.
Who Actually Serves the Papers
You’ve got a few options when you need someone to serve papers. The sheriff or marshal in your county can do it. That carries weight because it’s law enforcement, but they’re busy and it might take a while. They charge a fee too.
Process servers do this for a living. They know the rules, they know how to find people who don’t want to be found, and they document everything properly. If someone slams the door in their face, they know what to do next.
You could ask a friend or family member if your state allows it. Just know they’re taking on responsibility they might not fully understand. One mistake and your case gets delayed.
Private investigators come into play when someone’s hiding or you don’t know where they are. They can track people down and handle the service once they find them.
Sometimes when everything else fails, you can ask the court to appoint someone to serve the papers. That’s usually a last resort.
The Actual Process
First you make sure your documents are complete and correct. Courts want multiple copies: one for the person getting served, one for you, and one for the court file. Check what your court requires because they all have different rules. Family court might handle things differently than small claims court.
You need to know where the person is. Got an address? Great. Don’t have one? You might need help finding them. Pick someone reliable to handle the service. Process servers are usually your best bet because they do this every day.
Personal service means handing the papers directly to the person. That’s the gold standard. But if that doesn’t work after a few tries, you might be able to use substituted service. That means leaving the papers with another adult who lives or works with the person you’re trying to reach. Some cases allow certified mail. And if someone’s completely disappeared, courts might let you publish a notice in the newspaper, though that’s rare.
After the papers get delivered, whoever did it fills out a proof of service form. That document says who got served, where it happened, what time, and how it went down. The server signs it under oath and files it with the court. No proof of service means the court doesn’t know the other party was notified, so your case sits there going nowhere.
When People Disappear
Sometimes you just can’t find someone. They moved and didn’t leave a forwarding address. They’re dodging you. They live off the grid. Process servers have tools to help with this. They check databases, look at public records, talk to neighbors. It’s called skip tracing.
If you’ve really tried and failed multiple times, you can ask the judge for permission to serve papers a different way. Maybe posting a notice at their last address or running it in the newspaper. But judges want to see you made a genuine effort first. One halfhearted attempt won’t cut it.
Mistakes That Wreck Your Case
People screw this up all the time. Trying to serve papers yourself when you’re involved in the case is the biggest one. Every state bans it and doing it anyway kills your whole case.
Giving papers to the wrong person happens more than you’d think. Maybe you got the address wrong or you served someone with a similar name. Now you’re back to square one.
Each court has specific rules and people ignore them. Then they wonder why the judge won’t accept their proof of service.
Forgetting to file the proof of service is shockingly common. You served the papers but the court has no record of it, so legally it never happened.
Missing deadlines sinks cases. Courts don’t care that you were busy or forgot. You had a deadline and you blew it.
Why Hire a Professional Process Server
Process servers know what they’re doing. They understand the law in your area, they’ve dealt with every kind of difficult person you can imagine, and they get the paperwork right. They have access to databases and tools you don’t. They know how to handle someone who’s aggressive or evasive.
When you look at what it costs to fix mistakes versus what it costs to hire a pro from the start, hiring someone makes financial sense. Plus you sleep better at night knowing it got done right.
LawServePro handles this stuff across the whole country. We know the local rules wherever you need service. We update you as things happen. We document everything carefully so it holds up in court. Whether someone’s across town or across state lines, whether they’re cooperative or dodging service, we handle it.
Serving papers the wrong way costs you time and money. Your case gets delayed or thrown out. You pay to serve the papers again. The other side might challenge everything you’ve done so far. It’s stressful and frustrating and completely avoidable.
LawServePro takes this problem off your plate. We’ve served thousands of documents. We know what courts require. We handle the headaches so you don’t have to.
Go to https://lawservepro.com/ or email info@lawservepro.com to get started. Let us worry about the service while you focus on winning your case.
Here at LawServePro, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!
© Copyright by LawServePro 2021 | Web Design by Exo Agency
No products in the cart.