What is service of process?
Service of process is the formal procedure used to give a person notice of a legal action against them. It is a fundamental part of due process under the law.
Why it matters
Before a court can make decisions that affect someone's rights — such as ordering them to pay money, dividing property, or limiting custody — that person must be informed of the lawsuit. Service of process is how the legal system ensures the defendant has a chance to respond.
Who can serve documents
Rules vary by state and court, but generally documents must be delivered by someone who is not a party to the case and who meets age, residency, and licensing requirements. Many jurisdictions require process servers to be registered, bonded, or certified.
What happens after service
The server completes a proof of service, return of service, or affidavit of service that describes when, where, and how the documents were delivered. This document is filed with the court and becomes evidence that proper notice was given.
Common documents served
- Summons and complaint
- Subpoenas
- Eviction notices
- Divorce and family-law petitions
- Small claims documents
- Restraining orders