What is Service of Process
Once a lawsuit is filed with the clerk of court the defendant or parties need to be aware of the pending case. Service of process lets the defendant know there is a claim against them. Process servers are an essential part of the legal process that helps get a lawsuit going.
How Service of Process Works
Case is Filed
Once a case is filed, the clerk of court will create a summons. Some courts require a process server to be appointed. Which can be as simple as telling the clerk who you choose to serve the documents.
Process Server Receives Documents
A process server receives the summons and complaint or any other relevant documents.
Locate The Named Party
The process server then locates the named party and attempts to serve the individual or entity. Sometimes a co-resident of the named individual can be served.
Once service of process has been effectuated, the server will create a proof of service/ affidavit of service which will need to be filed with the court to show the parties have been notified of the lawsuit.