How to Determine when Process Is Due

After you start a lawsuit by filing a complaint in court, you must give the defendant notice of the lawsuit. This notice is called “service of process.” If you do not provide proper notice that you filed the complaint, then the judge can dismiss the case.^{[1]XResearch source} After the lawsuit has started, you must continue to provide notice whenever you file a document with the court. However, the notice requirements are usually less rigorous. The easiest way to make sure you have given enough advance notice is to arrange service the day you file your document with the court. There really is no reason to wait.

Part 1

Part 1 of 3:

Calculating Deadlines for Serving Complaints

1
Read your state law. You can find your state law by searching the Internet. Search for “service of process” and “your state.” States will tell you how many days you have to make service of the complaint and when the clock starts running.
- Federal courts have their own rules. You can find the Federal Rules of Civil Procedure online.^{[2]XResearch source}
- You always must follow the law that applies to your court. If anything in this article conflicts with your court’s requirements, then you must follow the court’s requirements.
2
Check how many days advance notice you must give. The law should tell you how much time you have to serve notice. Usually, the clock starts running when you file the complaint in court. The amount of time you have to serve notice differs by state.
- For example, in Pennsylvania, you have 30 days from the date you file the complaint to make service in-state. If you are serving notice on someone outside of Pennsylvania, then you have 90 days from the date the complaint was filed.^{[3]XResearch source}^{[4]XResearch source}
- In Alabama, by contrast, a plaintiff has 120 days after filing the complaint to make service upon the defendant.
- Under the Federal Rules of Civil Procedure, a defendant must be served within 90 days after the complaint is filed.^{[5]XResearch source}
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3
Arrange service the day you file. Remember, you can always simply arrange service and have notice served the day you file your documents with the court. There is really no good reason to delay serving notice.
- Some people might think they can gain strategic advantage if they delay serving notice. They want to rob the other side of time to respond to their filing.
- However, you have to realize that many judges will grant an extension of time if the other side requests it. So you gain very little by delaying service of process.
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Part 2

Part 2 of 3:

Arranging Service of a Complaint

1
Ask the clerk for acceptable methods of service. When you stop into the court clerk’s office to file your complaint, you should ask the clerk what methods of service are acceptable. You will have to send a copy of your complaint and a “summons,” which you can get from the court clerk, to each defendant. Acceptable methods will differ from state to state, so you shouldn’t assume that any one method is acceptable. However, courts generally allow you to make service in the following ways:^{[6]XResearch source}
- by certified mail
- hand delivery by a private process server
- hand delivery by the sheriff
- hand delivery by someone 18 or older who is not a party to the lawsuit
- substitute service, which usually involves leaving a copy of the papers with someone at the address and mailing a second copy to the same address
Each defendant must get a copy.^{[7]XResearch source} If you are suing three people, then all three people must get copies. Always make a copy for yourself.
3
Be sure you have the correct address. You will not have properly served notice if the papers are delivered to the wrong address. Always double-check that you have the right address when filing your complaint.
- If you are suing a corporation, then make sure to serve your notice on the business’s agent. There may be other ways to make service—for example, you can often make service on an officer or director.^{[8]XResearch source} However, making service on the agent is the easiest way.
- You can find the agent by visiting your state’s Secretary of State or Department of Corporations office and looking up the business listing. An agent should be listed, since appointing an agent is often a requirement for forming a business.
4
Arrange for someone to mail the notice. If mailing notice is acceptable, then you should ask someone to arrange to mail the documents certified mail, return receipt requested. Sometimes, the clerk will mail the documents for a fee.^{[9]XResearch source}
- Remember, you can only mail your notice if the court allows it. You can’t use the mail simply because it is convenient for you to do so or because other methods of service of process are more expensive.
5
Hire a process server to make hand delivery. A process server is someone you pay to make personal service on the defendant. You can find a process server by looking in your phone book or searching the Internet. To help the process server identify the right person, you should give him or her a picture of the defendant.^{[10]XResearch source}
- You have to pay a fee for each service. Generally, process servers charge $45-75 per service, though the amount differs by area.^{[11]XResearch source}
- You should try to find a reputable process server. In the phone book, the business might state when it was founded. The older the business, the more likely they are to be legitimate.^{[12]XResearch source}
- You can also check online reviews. Type the name of the process server into an online search engine and read reviews.
6
Check if the sheriff can make service. In some counties, the local sheriff or constable can make service for a fee. They usually charge a little less than private process servers.^{[13]XResearch source} Unfortunately, many sheriffs are getting out of the process server business.
- Sheriffs and constables typically don’t make service in all situations. For example, they might make service if you are filing to get a restraining order. However, they might not make service if you file a personal injury lawsuit.
- If the defendant lives in a different county, you probably have to call the sheriff in that county to arrange service. For example, you might have gotten into a car accident just outside your driveway. You can sue the defendant in your county. However, the defendant might live two counties over. In this situation, you have to coordinate with the sheriff in the county where the defendant lives in order to arrange personal service.
You might be able to have someone 18 or older make hand delivery on the defendant. This person can be your neighbor or a friend; however, he or she can’t be a party to the lawsuit.^{[14]XResearch source}
8
Use “substitute service.” Courts recognize that you can’t always hand deliver papers personally to the other side. The defendant might not be at home or might refuse to answer the door. Accordingly, your server can often make “substitute service.” Substitute service usually involves the following:^{[15]XResearch source}
- Personally hand a copy of the papers to someone who lives or works at the dwelling. The person can’t be a minor. The server tells the person receiving the papers what the papers are.
- The server follows up by mailing a copy of the papers to the address.
- Substitute service generally requires that you do both. It is not enough simply to leave the papers or to mail a copy.
- As always, ask the court clerk for what constitutes acceptable substitute service if you can’t make hand delivery.
9
Give the server a “proof of service” form. You usually must have the server fill out a “proof of service” or “affidavit of service” form. The purpose of the form is for the server to attest that they made service on the defendant.^{[16]XResearch source} The server must sign the form and return it to you. In some situations, the server might send it to the court.
- You can get a blank form from the court clerk. If the signed form is returned to you, then make a copy for your records and file the signed original with the court clerk.
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Part 3

Part 3 of 3:

Serving Other Documents

1
Check your service requirements. A complaint starts the lawsuit. However, during the course of a lawsuit, each side will probably file multiple documents with the court, called “motions.” You have to provide to serve a copy on the other side. However, your service requirements are usually less rigorous.
- Read the Rules of Civil Procedure for your state (or the federal Rules) to find out how to make service for documents other than the complaint.
- Typically, you could hire a process server or have someone make hand delivery. However, many people use either the fax or the mail to serve notice of motions. Often, the rules allow you and the other side to agree how you will provide notice of court filings. Put your agreement in writing.^{[17]XResearch source}
2
Calculate how much time you have. Your state law might have different deadlines you need to meet when serving copies of motions (as opposed to complaints). Generally, you have to serve a copy of the motion a certain amount of time before the hearing. In California, for example, you generally have to make personal service of a motion 16 days before the hearing date.
- If you are mailing the notice in California, then you have to serve 21 days before the hearing date.
- If you are mailing the notice outside California, then you must give 26 days’ advance notice before the hearing.
- If you are filing papers to oppose a motion in California, then you must file and serve notice of your reply at least nine days before the hearing date.^{[18]XResearch source}
3
Create a “certificate of service.” In many states, you simply certify that you served a copy of the document on the other side. You don’t need to have the server fill out a “proof of service” or “affidavit of service” form when providing notice for motions. Instead, you can attach a certificate to the motion that you file with the court.
- A typical certificate of service might read: “I certify that on [insert the date] a copy of this [insert title of the document, such as “Motion to Compel Discovery”] was served on each of the following parties as indicated at the address listed.” Then list the names, addresses, date of service, and the method used (such as first class mail).
- Include your signature.^{[19]XResearch source}
4
Drop a copy of the document in the mail. In many courts, you can serve copies of documents (other than complaints) through regular mail. You generally drop it off in the mail before filing the motion with the court.^{[20]XResearch source}
- If the other side has a lawyer, remember that you should serve notice of the motion on him or her.
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If you are ever confused about when to make service of a court document, then speak to an attorney. Alternately, your court might have a self-help department where you can ask questions.
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