Service of process is a procedure by which a party to legal action gives notice of initial legal action to another party, court, or administration in order to exercise authority (jurisdiction) over that person. It forces that person to respond before the court, or other tribunal. Types of service are Personal, Regular mail, Sub-service, and Service by publication.
Personal service is a process whereby another adult delivers legal papers to a party in a lawsuit. Personal service is the best and preferred method of service. The person who effectuates this delivery is the person called a process server, can be any adult other than a party to the lawsuit. There are professional bonded process servers that may be hired.
Once the party has been served, the process server files out a sheet of paper called a Proof of Service. Proof of Service is filed with the court. The court will file the Proof of Service in the case which generated the legal papers.
Regular Mail Service happens once a party is served and responds in the case. Each party can send legal papers to the other party through the mail, but the legal papers must be mailed by a third party.
The third-party files out a piece of paper called a Proof of Service by Mail and signs the document. This document is filed with the court.
Substituted Service (sub-service). Often, a party will avoid personal service. Once a process server has attempted personal service, the law allows the process server to sub-serve, which means you can serve the party by alternate means. One option is to mail the paperwork to the residence and leave (or tape) a copy on the doorstep. Another option is to serve any adult residing in the residence or place of work.
Service by Publication happens when you cannot find the party by any means. The court may allow you to serve by publishing the legal documents for a few weeks in a newspaper and deem that the other party receives notice of the legal proceedings. The court will normally allow this ONLY after you have exhausted all means of personal service. You have to show the judge you made every reasonable effort to find the party.
You have to write up a declaration for the judge and explain all your efforts to locate the party before the judge will allow you to serve by publication.
