Process serving is the legal procedure of delivering court documents — such as summons, complaints, subpoenas, and motions — to a party involved in a lawsuit. Proper service of process is required by law to ensure that all parties receive notice of legal proceedings against them, as guaranteed by the Due Process Clauses of the U.S. Constitution.
Standard process serving typically takes 3 to 5 business days for routine cases where the recipient’s address is known. Legal Document Server also offers same-day rush service for urgent matters. Timelines may vary depending on the recipient’s availability and whether skip tracing is needed to locate the individual.
If the individual cannot be located at the provided address, our process servers make multiple attempts at different times and days. If personal service is unsuccessful after diligent efforts, the process server can proceed with substitute service. The rules differ depending on whether you are serving an individual or a business entity.
For individuals, substitute service involves leaving the documents with a competent adult (someone 18 years or older, such as a spouse or relative) at the person’s residence or workplace. In California, a copy of the documents must also be mailed to the person at the address where they were left, via first-class mail, postage prepaid.
For corporations and other business entities, substitute service is handled differently under California law. Documents are left during usual office hours at the business office of the designated agent for service of process, an officer, or other authorized person, with whoever is apparently in charge. The corporation’s designated agent can be identified through the California Secretary of State. Unlike individual service, prior failed attempts at personal service are not required.
If the person cannot be located at all despite diligent search efforts, the court may authorize service by publication, which involves publishing the summons in a newspaper once a week for four consecutive weeks. Legal Document Server also offers skip tracing services to locate hard-to-find individuals using professional investigative databases.
Yes. Legal Document Server provides nationwide process serving across all 50 states. Our network of registered and experienced process servers ensures reliable, compliant service regardless of where the recipient is located. We handle both in-state and out-of-state service for law firms and legal professionals nationwide.
A proof of service (also called an affidavit of service) is a legal document signed by the process server confirming that the court documents were delivered to the intended recipient. It includes the date, time, location, and method of service, along with a description of the person served. Legal Document Server provides a completed proof of service for every successful service, ready for filing with the court.
Deadlines for service depend on the jurisdiction and type of case. Under Federal Rule of Civil Procedure 4(m), plaintiffs in federal court generally have 90 days after filing the complaint to complete service. In California state courts, the plaintiff typically has 60 days to serve the defendant in most civil cases. Missing these deadlines can result in dismissal of the case, so timely service is critical.
Requirements vary by state. In California, any person who serves more than 10 documents per year for compensation must register as a process server with the county clerk, as required by California Business and Professions Code Section 22350. The registration is valid for two years. Exemptions apply to sheriffs, marshals, attorneys, and employees of attorneys. Legal Document Server’s process servers maintain current registrations as required by their respective jurisdictions.
A person cannot legally avoid service by refusing to accept the documents. In most jurisdictions, if a process server identifies the correct individual and informs them of the nature of the documents, service is considered complete even if the person refuses to physically take the papers. The process server documents the refusal in the proof of service, and the court considers the service valid.
Skip tracing is the process of locating a person who cannot be found at their known address. It involves searching professional databases, public records, and other investigative resources to identify the individual’s current location. Skip tracing is needed when a defendant has moved, is using a different name, or is otherwise difficult to find. Legal Document Server offers skip tracing as a service that can be combined with process serving for a streamlined workflow.
Process serving fees depend on factors including the location of the recipient, the type of service required (standard vs. rush), whether skip tracing is needed, and the number of attempts required. Legal Document Server offers competitive, transparent pricing with no hidden fees. Contact us for a free consultation and quote tailored to your specific case needs.
Service by publication is a court-authorized method used when a party cannot be located after diligent search efforts. The serving party must demonstrate to the court that all reasonable attempts to locate the individual have been exhausted. Once approved, a legal notice is published in a court-approved newspaper for a specified period, typically four consecutive weeks. This method is commonly used in cases involving missing parties in divorce proceedings, quiet title actions, or other civil matters where personal service isn’t possible.
Service by posting is a method used specifically in unlawful detainer (eviction) cases when the tenant cannot be found at the rental property. The process server posts a copy of the legal documents in a conspicuous place on the property door and mails a second copy to the tenant at the property address. This method is authorized under California law when personal and substitute service attempts have been unsuccessful.
Improper service of process can have serious legal consequences. The opposing party may file a motion to quash service, which if granted means the case cannot proceed until proper service is completed. Default judgments obtained through improper service can be vacated, requiring the entire process to start over. In some cases, complaints may be dismissed entirely due to failure to properly serve the defendant. The U.S. Constitution requires that defendants receive adequate notice of legal proceedings, making proper service a fundamental due process requirement. Using a professional process serving company like LDS helps ensure service is completed correctly and legally defensible.
