Proof of Service

The return of service is the document that acts as the sworn statement of the delivery agent, affirming that the delivery of the legal documents took place in as much detail as required by the court. Some courts require precise information about who documents were handed to, dates when documents are delivered versus when documentation is signed, and information about the process server. In some states, the return must be signed before a notary to be official.

The return of service is a requirement to finalize service of process for court proceedings. It must be filed with the court where the initial filing occurred, sometimes within a specific timeline in relation to the proceeding (for example, x days before the hearing) or with the date of service (for example, x days after the documents are delivered).

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When service of process doesn’t go as planned, a return of non-service is used to demonstrate to the court that diligent attempts at delivering the documents have been made and have been unsuccessful. In some cases, if the attempts meet specific court requirements, this can open doors for alternative methods for service, such as service by publication. This way, even if the party you’re seeking service upon is evading service or is just difficult to find, they may still be served in accordance with the law, allowing your case to proceed. It may be worthwhile to appropriate seek legal counsel if service is not going smoothly, since additional documents or court procedures may need to be followed.

Attempts typically continue until documents are delivered or diligence requirements are met. With ABC Legal, however, you’ll get transparency into the entire process - in real time.

Every attempt is logged by the process server and appears instantly in your account. You can view the case from start to finish in Case Details. There, you’ll see a timeline of events with the date, time, and any additional information collected at that step. From process server notes to GPS coordinates and photos - you’ll have so much information, you’ll feel like you got to go along for the ride.

In Case Details, attempts are marked as such, while delivery is marked as “service completed.”

The process server or other unbiased third party delivering the documents must complete the proof of service and provide it to you. In some states, a copy of the proof is enough. In others, you must have the signed original. When you get service of process with ABC Legal, we provide the proof as soon as its available online in your account. If your court requires the “wet-ink” original, we’ll have it mailed to you.

If all you need is a copy of the documents, process servers complete it quickly and upload it to your account. If you need the physical document, that is typically completed within a few days and then mailed to you. However, that can only happen after service of process is complete.

Completing service, in relation to when you place your order depends on how long service of process takes. Every time a process server tries to make the delivery, it’s called an attempt. It can take multiple attempts for the process server to reach the party appropriately.

The delivery of legal documents is bound by court law; there are regulations that must be followed around when, where, and to whom documents are delivered. For example, some states require that you make attempts on different days to meet diligence requirements or require personal service, handing documents directly to the person they’re for.

If the court’s conditions for delivery aren’t met, process servers can’t leave the documents lying around, they have to try again later. Since people aren’t always where you expect them to be, this process takes time.