What is service of process?

Service of process is the formal legal procedure of giving a party to a lawsuit official notice that a case has been filed involving them. Without it, the court has no power to enter a binding judgment against the defendant.

Why it exists

Due process under the 5th and 14th Amendments to the US Constitution requires that a person have "notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action" (*Mullane v. Central Hanover*, 1950).

In plain English: you can't sue someone and win without first telling them about it in a way the law approves of.

What documents get served

The most common are:

• Summons — court order requiring the defendant to respond
• Complaint / Petition — the plaintiff's statement of the case
• Subpoena — order requiring a witness to appear or produce documents
• Notice of Motion / OSC — for hearings on specific issues
• Writs of Execution / Garnishment — post-judgment enforcement

Who can serve

Every state has its own rules. Generally:

• A sheriff or marshal (always allowed)
• A licensed / registered private process server
• Any adult who is not a party to the case (with restrictions)

Methods of service

In rough order of preference:

1. Personal service — hand the papers to the defendant directly
2. Substituted service — leave the papers with a competent adult at the home/workplace + mail a copy
3. Service by publication — for defendants who cannot be located after diligent search
4. Service by mail — only for certain types of cases (small claims, some appellate matters)

Proof of service

After service is completed, the server files an affidavit of service (also called a "return" or "proof of service" / "POS") with the court. The affidavit documents who was served, when, where, and how — under penalty of perjury.

Servd generates court-admissible affidavits automatically from server voice logs, GPS coordinates, and timestamped photos.