The Fundamentals of Process Service
A Guide for Self-Represented Litigants
When you're a self-represented litigant, you have to get used to the idea of process serving your own court documents. This is an essential skill because it helps reduce litigation costs. While you can sometimes hire a professional, most of the time, you can handle it yourself or with the help of others. The goal of process serving is to formally notify the opposing party about a legal proceeding by giving them an official court document. This action is part of the overall legal process, which can involve filing a notice of action and a statement of claim. Once a document is prepared, signed, and stamped by the court, it must be served to the other side. Process serving is crucial for ensuring the legal action moves forward in a systematic manner.
The Act of Serving Documents
Process serving a document involves a specific, deliberate physical act. You must find the person and physically meet them. When you meet them, the serving process is simple: you declare your purpose and hand them the documents. It's important to remember that they don't have to accept the documents from you; you can simply drop them at their feet or place them on a counter in front of them. As long as you've made the document available within a few feet of their person, they've been served, and they can't pretend they haven't been. You should never touch the person you're serving, and you should avoid getting close enough for them to claim you're intimidating them. To ensure your safety and professionalism, it's best to process serve documents in pairs. This way, you have a witness to confirm that the interaction was appropriate and that the process was not interfered with.
The Importance of Time
When you serve someone, you must always write down the exact time. This is critical because of court time rules. For instance, if you serve a document one minute before 4:00 p.m., it's considered served on that day. However, if you serve it at 4:01 p.m., it's considered served the next day because it's the next court day. The time of service is when the clock starts for the other party to respond.
Creating an Affidavit of Service
After successfully serving the documents, the next step is to create an affidavit of service. This is a sworn statement where you affirm, under oath, that you identified the person and served them with the documents at a specific time and place. The affidavit should describe how you identified the individual, such as by a picture or prior knowledge. To ensure there's no ambiguity, the affidavit must have the served document attached as an exhibit. This practice provides precision and leaves no question about what document was served. You then have the affidavit sworn out in front of a commissioner of oaths and file it with the court.
Maintaining Professionalism and Diligence
For self-represented litigants, it's vital to be meticulous and systematic in all your actions. This means being very polite and courteous but avoiding small talk. You need to be aware that anything you say can be used against you, especially by bad-faith actors who might try to claim you said things you didn't. To protect yourself, it's a good idea to record the process serving in an audio format. This can provide evidence to prove your innocence if unfounded allegations are made against you. The affidavit of service is a key tool for this purpose as it's the highest form of evidence in court that proves the other side was served on time and with the correct document.
The Consequences of Non-Service
Appropriate process service is critical to avoid serious repercussions. If the other side claims they were never served, they might try to ignore the court process. This could lead to a default judgment against them for the full amount you're seeking, without ever going to trial. They might then argue that it was unfair, but your meticulous documentation—including the affidavit of service with its attached exhibits and the time noted—will prove they were served and simply tried to avoid accountability. Being thorough and professional protects you and ensures your case moves forward as it should.
Process serving might seem daunting at first, but with a disciplined approach, you can master this essential skill. By following the correct steps, you ensure that your legal actions are beyond reproach, which is especially important for self-represented litigants. Meticulously documenting every detail, from the time of service to the attached exhibits in the affidavit of service, provides irrefutable evidence that can stand up in court. This diligence not only saves you money but also ensures that the legal process proceeds smoothly and systematically. It's a skill that will serve you well, and in doing so, will protect your interests in any litigation.