What Are the Laws for Serving Legal Papers?

• Each state has its own rules governing how legal papers are served.gavel image by Cora Reed from Fotolia.com
  
  Whenever a lawsuit is filed, the law requires that anyone named as a party be served with the appropriate legal papers. These laws are generally referred to as service of process laws, or process serving. Each state, as well as the federal government, imposes specific requirements on how process can be served.
  
  

Personal Service

• One of the most common ways to effect service of process is through personal delivery. Typically, this involves a person handing the legal papers to the other parties at their homes or places of business. Personal service can also be effected by delivering the papers to an authorized agent, such as the other party's attorney. States, as well as the federal government, also allow for service through the use of a law enforcement agency. For example, the U.S. Marshals Service can serve writs, summonses or other legal papers pursuant to a case filed in the federal court system.
  
  

Process Servers

• Some states require that people who serve legal papers be licensed or recognized by the state. These requirements typically apply to people who serve papers on a regular basis, or in a professional capacity. For example, California requires that anyone who serves more than 10 papers have a California Process Server License. To be eligible, an applicant must be a resident of the state for at least a year, and post a $2,000 cash bond or cash deposit with the state.
  
  

Mail or Publication

• Service of process can also be effected through the mail, or even by publication. Typically, service by mail requires the party sending the papers to use either a courier service or the United States Postal Service, or any other method that allows for a record of the delivery. For example, Utah requires papers to be mailed through a commercial courier such as FedEx or UPS, or USPS certified mail with a return receipt. In the event the respondent (the person or organization named in the lawsuit) cannot be found, states will allow for service through publication in a newspaper. Typically, service by publication is only allowed in specific instances, and may need the approval of the court.