Service of process is a system that is used to deliver legal documents—such as summons and complaints—to a defendant when a plaintiff wants to sue them in court. This procedure of putting a defendant on notice of an action against them, referred to as due process, ensures that a defendant has enough time to obtain legal assistance to defend the case. The job of a process server plays a critical role in the legal justice system. This is because when a case is not served properly, the lawsuit can be delayed or outright dismissed by the court. Because of its importance, there are strict guidelines that must be followed in order to properly and effectively serve a defendant. Sometimes, however, incorrect or invalid service can happen. Below is a list of the most common service of process mistakes and what to do if a plaintiff finds him or herself in this scenario.
Improper service—whatever the reason—can adversely affect a lawsuit that a plaintiff is attempting to pursue. Some examples of the most common pitfalls in the service of process include:
Do not try to serve a defendant on your own. As can be seen, many mistakes can happen when it comes to effectuating service; these can delay your case or even have it thrown out. Our team at Ancillary Legal knows how to properly handle the service of process—domestically and internationally— so that you can focus on pursuing your case. Contact us today.