Civil Litigation-Serving Suit Papers
Once a lawsuit has been properly filed, that complaint has to be served upon the defendant. It is served either by the local sheriff, a special process server, or any other person authorized by law. The form of service is typically personal service, meaning that the complaint and any other accompanying court process (documents) issued by the clerk of the court has to be served on the defendant in person. Some states authorize what is referred to as substituted service, meaning that in some instances, the complaint may be delivered to a member of that defendant’s household or may even be posted on the front door of the residence where the defendant is believed to live.
If the defendant cannot be found through one of those means, then there may be other forms of substituted service allowed by state law. These consist of service upon the Commissioner of the Department of Motor Vehicles in regards to an automobile accident, and in some instances, service upon the Secretary of State when the defendant is believed no longer to be living in that state. These other forms of service are governed by state law, and thus vary from state to state.
