Service of Process Guide
Learn how to properly serve court papers on the defendant. Improper service can result in your case being dismissed.
Critical Step
Proper service of process is required for your case to proceed. If the defendant isn't properly served, your case can be dismissed or the judgment may be unenforceable. Take this step seriously.
What is Service of Process?
Service of process is the legal procedure for officially notifying the defendant that they're being sued. It's a constitutional right—everyone deserves to know when legal action is being taken against them so they can respond.
What Gets Served?
- • Copy of your filed complaint/claim
- • Summons (official court notice)
- • Any other required court forms
Who Can Serve Papers?
- • Professional process server
- • Sheriff or constable
- • Any adult (18+) not involved in the case
- • NOT you (the plaintiff)
Methods of Service
Different methods have different requirements and costs. Check your state's rules for what's allowed in small claims court.
Personal Service
Hand-delivering papers directly to the defendant
Pros
- + Most reliable method
- + Hard to dispute
- + Required for some case types
Cons
- - Can be expensive ($50-150)
- - Defendant may be hard to locate
- - May require multiple attempts
Best For
When you know where the defendant lives or works
How to do it →
- Hire a professional process server or use the sheriff's office
- The server will physically hand the papers to the defendant
- Server will sign a proof of service document
- File the proof of service with the court
Substituted Service
Leaving papers with someone at the defendant's home or work
Pros
- + Option when defendant avoids service
- + Generally accepted by courts
- + Less expensive than repeated attempts
Cons
- - Must meet specific requirements
- - May require follow-up mailing
- - Must serve a suitable person
Best For
When the defendant is avoiding personal service
How to do it →
- Attempt personal service first (usually 2-3 times required)
- Leave papers with responsible adult at defendant's home or workplace
- Get the name and relationship of the person who accepted
- Mail a copy to the defendant (certified mail often required)
- File proof of service documenting all steps
Certified Mail
Mailing papers via certified mail with return receipt
Pros
- + Inexpensive ($5-15)
- + Easy to do yourself
- + Creates paper trail
Cons
- - Not allowed in all states for small claims
- - Defendant can refuse
- - Must get signature
Best For
States that allow it and cooperative defendants
How to do it →
- Check if your state allows service by mail for small claims
- Go to post office and send via Certified Mail, Return Receipt Requested
- Keep the tracking number and green card (return receipt)
- Wait for the green card to be returned signed
- Attach the green card to your proof of service
Service by Sheriff/Constable
Having a law enforcement officer serve the papers
Pros
- + Official and authoritative
- + Reliable documentation
- + Often required for certain defendants
Cons
- - Fees vary ($25-100+)
- - May take longer
- - Limited attempts
Best For
When you want official, reliable service
How to do it →
- Contact your local sheriff's civil division or constable's office
- Pay the required fee (usually $25-75)
- Provide copies of documents to be served and defendant's address
- Wait for service to be completed (can take 1-3 weeks)
- Sheriff will file proof of service with the court
Service by Publication
Publishing notice in a newspaper when defendant can't be found
Pros
- + Last resort option
- + Allows case to proceed
- + Court-approved method
Cons
- - Expensive ($100-500+)
- - Requires court permission
- - Time-consuming
Best For
When you've exhausted all other options and can't find the defendant
How to do it →
- File a motion with the court explaining your attempts to locate defendant
- Get court order allowing service by publication
- Publish notice in approved newspaper for required period (usually 4 weeks)
- File proof of publication with the court
- Wait the required time before hearing can proceed
Serving Different Types of Defendants
👤 Individual Person
Serve them personally at their home, workplace, or wherever you can find them. If you can't reach them directly, substituted service may be allowed.
Address tip: Check DMV records, voter registration, property records, or social media.
🏢 Business / Corporation
Serve the registered agent, officer, managing agent, or general manager. You cannot just serve any employee.
How to find registered agent: Search your state's Secretary of State business database.
🏠 Landlord
If an LLC or corporation, serve the registered agent. If an individual, serve them personally. The address on your lease may be their service address.
Tip: Property records often list the owner's mailing address.
🏛️ Government Agency
Special rules apply. You may need to serve the agency head, city attorney, or designated agent. Check your state's specific requirements.
Important: Government entities often have special notice requirements before you can sue.
Common Service Mistakes to Avoid
❌ Serving the papers yourself
Why it's a problem: In almost all states, you cannot personally serve papers on the defendant. It must be done by a third party.
✓ Fix: Use a process server, sheriff, or any adult over 18 who is not a party to the case.
❌ Serving at the wrong address
Why it's a problem: Service must be at the defendant's current address, not an old one.
✓ Fix: Verify the current address through DMV records, voter registration, or online searches.
❌ Not filing proof of service
Why it's a problem: The court needs official documentation that service was completed properly.
✓ Fix: Always file the proof of service form before your hearing date.
❌ Serving too close to the hearing
Why it's a problem: Most states require service a certain number of days before the hearing (often 10-30 days).
✓ Fix: Check your court's rules and serve as early as possible.
❌ Incomplete service on businesses
Why it's a problem: Businesses must be served through their registered agent or authorized officer.
✓ Fix: Look up the business's registered agent through your state's Secretary of State website.
Filing Proof of Service
After the defendant is served, you must file proof with the court. This document tells the judge that proper service was completed.
Get the proof of service form
Available from the court clerk or your state's court website
Have the server complete it
The person who served the papers signs and dates the form
File with the court
Submit before your hearing date (check deadline requirements)
Keep a copy
Bring a copy to your hearing in case there are questions
Timing Requirements
Important: Most states require service a certain number of days before your hearing date. If you serve too late, your hearing may be postponed.
| State | Days Before Hearing |
|---|---|
| California | At least 15 days (or 20 if served outside county) |
| New York | At least 10-30 days depending on service method |
| Texas | At least 10 days |
| Florida | At least 5 days |
| Check your specific court's rules for exact requirements | |