How to Properly Serve a Summons and Complaint

If you’re a legal professional responsible for litigation, you know that service of process can be tricky. That’s because each jurisdiction has very specific rules for how a summons and complaint must be served upon an individual or corporation in that jurisdiction. It is very important to choose a professional process server who understands these specific rules and will get the job done correctly, quickly, and without any problems that could interfere with the lawsuit you’re responsible for.

Service of Process: Protecting Your Interests with an Agent in the UK

Service of Process

When it comes to serving legal documents, the gold standard is personal delivery. This is when the process server identifies the defendant/respondent and hands them the paperwork. This method is the most reliable and will hold up in court if challenged. However, sometimes this type of service is not feasible.

In these instances, New York law allows for the legal documents to be left with someone of suitable age and discretion at the named party’s usual residence or place of business. This method is not as reliable as personal service but will still hold up in court if challenged.

If you’re a business, you must appoint and maintain an agent for service of process in your state of business formation and in any states where you do business. This person, called a “registered agent” or “statutory agent,” is responsible for accepting service of process and forwarding it to the proper person within your company. The registered agent’s name and address appear in your business’s public records.

Leave a comment

Your email address will not be published. Required fields are marked *