Service of Process

In the United States, any person who is sued is required to be notified. If the plaintiff fails to notify the defendant, the lawsuit cannot proceed and a judgment cannot be entered.

A defendant to a lawsuit is notified by "service of process"-the individual is given a copy of the lawsuit by an official, usually by a sheriff's deputy, along with a summons or citation to appear in court by a certain date. Once the individual takes the lawsuit, he has been "served," and the deputy verifies that service was made on a written form that is filed with the court.

SIDEBAR: The defendant does not physically "appear" in court; he appears by filing a written answer to the plaintiff's petition.

Although it is generally believed that service of process requires a face-to-face meeting between the process server and the defendant, in fact, service is accomplished in many different ways.

Service by Publication

In certain situations, where the defendant's whereabouts are unknown, notification of the lawsuit is published in the newspaper. For example, in adoption cases where parental rights must be terminated, the father might be notified by publication.

Service by Certified Mail

Corporations are often "served" by mail directed to the corporate president or secretary. The mailing typically issues out of the state secretary of state's office.

TIP: Some companies have a designated "agent for service."

Service Left at Residence

Service can be accomplished by leaving the paperwork at the defendant's "usual place of abode." Typically, laws require that a member of the defendant's family that is at least 16 years old be present to accept service.

Posting Service

When the defendant cannot be located and no one in the family is available for service (or actively avoiding service), the sheriff or private process server may "post" or attach the summons or citation to the front door of the defendant's usual place of abode.