You’ve Been Served!

The first thing to understand about being served legal documents or summons is that the rules vary from state to state. The rules can also differ according to the kind of summons that is being served. Generally, the person bringing the process must decide which method is best and may have to hire a professional summons server or a police agency to deliver the summons to you. Summons can be delivered either by hand (in person), via mail, or through public notification. Each of these methods is different and not all are available in all cases. In each case, however, certain steps must be taken to make the process binding.

With a personal service, a human being must deliver the document to you in person. In some states, only certain people are eligible to deliver a summons to another person. Generally, state restrict this to persons who are over the age of 18 and who are not actively involved in the proceedings or case. Some areas have much stricter rules as to who can deliver a summons, with some states only allowing law enforcement to make the delivery. Many areas allow private detectives or process servers to serve.

Delivery through mail is also an option in some cases. Not all states allow this, however, and of those that do, special instructions must be followed to make sure that the defendant actually gets the summons in the mail. Usually, some form of mail tracking is used such as certified mail. The defendant must be able to sign for the mail proving it was delivered.

In some rare cases, the court may allow the summons to be posted at the defendant’s home or workplace, if it is expected that the defendant will see it there.

When it is impossible to find the defendant, the summons may be posted in a local newspaper. This is the last resort and many judges will not allow this until all other options have been attempted without success. When posting is allowed, the post must appear in the paper for a set number of days or weeks (often set by the court). The posted ad must give instructions to the defendant as to what he or she is required to do which may include things such as contacting the appropriate court. Once the time runs out, the case can proceed with or without the defendant.

If you are being served a summons, it is always in your best interest to contact a lawyer for consultation. Being served does not, in any way, assume that you are guilty of anything. It is simply a way of notifying you that certain legal actions are being taken (or will be taken) and allowing you the opportunity to defend yourself or your rights. Ignoring a summons is never a good idea as most legal actions can, and will, move forward with you or without you if you refuse to appear in court. Again, if you are served, consider working with a professional lawyer who can give you expert advice as to what is happening and what you can do about it.