Mail-Order and Personal Service

Mail-Order and Personal Service

Mail-order service

Most U.S. jurisdictions allow service by mail on defendants located in other U.S. states or foreign countries. If the country of destination has filed objections to service by mail under the multinational Hague Service Convention, service by mail is not available. “Any person providing the [California Department of Motor Vehicles] with a mailing address shall consent to receive service of process,” according to California law. Voluntary service acceptance (United States)

Some jurisdictions may allow voluntary acceptance of service, also known as waiver of service, as a substitute for personal service by a process server. It means that the served party agrees to acknowledge receipt of the complaint or petition voluntarily, without the need for a process server.

Acceptance or waiver of service is encouraged by some court systems, particularly federal courts in the United States. When a defendant refuses to waive service “without good cause,” the defendant may be held liable for the cost of personal service under Federal Rule of Civil Procedure 4(d)(2).

Personal service by a process server from the court services

Personal service is when a summons, complaint, or petition is served directly on the party named on the summons, complaint, or petition. Personal service is required to prove service in most lawsuits in the United States.  Unless a corporation, LLC, LLP, or other business entity is being served, most states allow substituted service in almost all lawsuits; in those cases, personal service must be achieved by serving the documents on the registered agent of a business entity. Some states, such as Florida, do not require the documents to be physically handed to the individual. The documents must be visible to the person being served in California and most other states, i.e., not in a sealed envelope.  If the individual refuses service, flees, closes the door, etc., and has been positively identified as the person to be served, the documents may be “drop served” (placed as close to the individual as possible); this is considered a valid service.  Personal service of process has been the hallmark for initiating litigation in the United States for nearly 100 years, owing to the fact that it ensures actual notice to a defendant of a legal action against him or her.