Service of Process

Serving process with the InfoTrack Exchange

What is Service of Process?

Service of process, or process serving, is a legal procedure in the United States, which declares all parties must be notified when facing legal action against them in a court of law or an administrative court.

Process service is accomplished through the delivery of documents describing the legal action. Examples of documents that comprise service of process include summonses, complaints, subpoenas, writs, and other court documents.

These documents are delivered to the individual whom the legal action is directed by a process server. Service of process must be served by an individual who is not a party to the case.

What does a Process Server do?

A process server delivers (serves) court documents to the defendant or individual listed on the legal document being served. The process server must serve the documents in accordance with the legislation in the area of service.

This may mean handing the documents to the defendant personally or performing substituted service to someone in the same household or business. Once a process server delivers the documents, an Affidavit of Service, also called a Proof of Service, is prepared and signed before being given to the party who requested the service.

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