Service of process can take time. We'll continue to make attempts until service of process is complete or diligence requirements are met.
What happens next?
There are a lot of moving pieces and rules to be followed during service of process. Here's an overview of what you can expect to happen over the course of a typical order:
You place an order for service of process.- We confirm receipt and our team reviews the order in our system (Document Review).
- Documents go out to a process server (Service: Dispatch to Process Server)
- The process server starts to try and make a delivery (Service: Attempts)
- The documents are delivered (Service: Effected).
- A proof of service is created and then signed by the process server (Proof).
- Once all steps are complete, your order will be marked as done (Complete).
1. Document Review
Our team performs a light spot-check for common issues and categorizes/catalogs the order within our system to make sure you're good to go.
2. Service: Dispatch to Process Server
The documents go out to a qualified, local process server who currently has the capacity to take on your document delivery. They will print or collect the documents and prepare for service of process.
You can expect attempts to start within 1-2 business days for a Rush order, or 3-5 days for a Standard order.
3. Service: Attempts
To serve documents properly, local court requirements must be followed. And there are a lot of rules around when, how, by whom, and to whom, the delivery can be made.
That means that we can't always serve documents the first time we go out to an address. In some states, we can only hand the documents to an individual who identifies themself as the intended recipient. In others, if a qualified co-resident is home we can make the delivery. Some states don't allow us to make attempts on Sundays. Some states require that we try to serve individuals on different days of the week or times of day. Since these laws are particular to the court with jurisdiction over the case, it gets complicated, fast.
With ABC Legal, you're never in the dark. You're informed at every step in your account. As a process server makes attempts, you get a real-time update with details including notes, GPS location validation, and photos.
It is vital that local rules are followed. If a defendant contests service of process, claims that they were not served in accordance with local laws, the case can be delayed until service is completed properly or even dismissed.
ABC Legal vets, trains, and supports process servers to ensure that they're compliant with local procedures and ready to tackle the delivery of your documents in accordance with local laws. Each attempt contributes to meeting diligence requirements for the court.
Attempts will continue until service is complete or local diligence requirements are met. Typically, process servers repeat attempts 2-3 times per week, up to 6 attempts total for Standard orders and 3-4 attempts per week, up to 6 attempts total for Rush orders.
4. Service: Effected
Success! Once documents are delivered, you'll receive a notification that service has been effected.
All you need now is the proof of service.
5. Proof
First, an unsigned copy of the proof of service labeled "Pending" will appear in your account. This typically happens immediately after service is completed.
This proof is for your reference and review while the process server works on getting the proof of service signed.
Once the proof is signed, a copy of it, labeled "Signed" will appear in your account and be available for download. The signed proof is typically available in your account within 2 business days of the pending proof.
If your court requires a physical or notarized proof, it will be mailed to you. Please allow for a week or two for physical or notarized proofs to make it to you.
6. Complete
Once all steps at ABC Legal are done, your status will show as "Complete".
Please note, that the court does not consider service of process complete until proof of service is filed with the court. In most cases, you will need to file the proof at the court with which you initially filed the case.
Consult your court for information about filing the proof of service. They may refer to the proof of service as a return, declaration, proof, or affidavit of service.
What happens after I get the proof of service?
Proof of service must be filed with the court. The court does not consider service of process complete until proof of service is filed with the court. In most cases, you will need to file the proof at the court with which you initially filed the case.
View more information in the knowledge base or on our website.