As a process server, you’ll deliver various legal documents, each with a specific role in legal proceedings. Knowing their purpose ensures accurate and effective service. Here’s an overview of the most common documents you’ll encounter.
👉 Summons
What It Is:
A summons is a legal notice that informs a defendant that they are being sued and must respond to a court action. It typically accompanies a complaint, which details the lawsuit’s claims.
Why It Matters:
A summons is the official start of a civil case. Failing to serve it properly can result in delays or case dismissal.
Key Information to Check:
- Defendant’s name and address
- Court case number
- Deadline to respond
👉 Subpoena
What It Is:
A subpoena is a court order that requires an individual to either:
- Appear in court to testify as a witness (Subpoena ad testificandum), or
- Provide documents or evidence relevant to a case (Subpoena duces tecum).
Why It Matters:
Subpoenas are essential in gathering evidence and testimony. Ignoring or failing to comply with a subpoena can result in legal penalties for the recipient.
Key Information to Check:
- The recipient’s name and address
- The court or attorney requesting the subpoena
- Deadline and instructions for compliance
👉 Writs
What They Are:
A writ is a formal legal order from a court directing an individual or entity to take (or refrain from taking) a specific action. Common writs include:
- Writ of Execution – Orders law enforcement to enforce a court judgment (e.g., seize assets for debt collection).
- Writ of Garnishment – Directs an employer or financial institution to withhold a portion of someone’s wages or funds to satisfy a debt.
- Writ of Habeas Corpus – Requires a person to be brought before a court to determine if their detention is lawful.
Why They Matter:
Writs help courts enforce decisions and protect individuals' rights.
Key Information to Check:
- Who is required to act
- What actions must be taken
- Deadlines for compliance
👉 Complaints
What It Is:
A complaint is a formal legal document that outlines the plaintiff's allegations against a defendant in a lawsuit. It usually accompanies a summons.
Why It Matters:
The complaint details the legal grounds for the case and sets the stage for the court proceedings.
Key Information to Check:
- The plaintiff (the person suing) and defendant (the person being sued)
- The claims or allegations
- The relief or damages sought
👉 Eviction Notices (Unlawful Detainer)
What It Is:
An eviction notice is a legal document served to a tenant, informing them they must vacate a property due to lease violations or non-payment of rent.
Why It Matters:
Eviction notices follow strict legal procedures, and improper service can delay or invalidate an eviction case.
Key Information to Check:
- The tenant’s name and address
- The reason for eviction
- The deadline to comply or respond
👉 Restraining Orders
What It Is:
A restraining order is a court-issued directive that prohibits an individual from making contact with another person, usually due to safety concerns.
Why It Matters:
These orders are critical for protecting individuals from harassment, stalking, or domestic violence.
Key Information to Check:
- Who is protected and who is restrained
- Specific restrictions (e.g., distance requirements)
- Expiration date and court jurisdiction
👉 Small Claims Notices
What It Is:
A small claims notice informs a defendant that they are being sued in small claims court, typically for disputes involving smaller amounts of money.
Why It Matters:
These notices provide a simpler, more affordable way to resolve disputes without formal legal representation.
Key Information to Check:
- The amount of money being claimed
- The plaintiff and defendant’s details
- The court date and location
❇️ Best Practices for Serving Legal Documents
- Verify all details before attempting service to ensure accuracy.
- Follow legal service methods (e.g., personal service, substitute service, posting, etc.).
- Document every service attempt with time-stamped notes and, when required, photographs.
- Be professional and neutral—your job is to deliver legal notices, not to take sides.
- Know the state-specific laws governing how and when documents can be served.
By understanding the types of documents you serve and their significance, you can ensure a smooth and legally compliant process.