Personal Service

Author:Jeffrey Lehman, Shirelle Phelps
 
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Page 436

The actual delivery of process to the individual to whom it is directed or to someone authorized to receive it on his or her behalf.

SERVICE OF PROCESS is the delivery of legal notice to a party in a case. Any party who is being sued is entitled to advance notice of the suit. Notice consists of a copy of the complaint and a summons to appear in court. If a party does not receive notice of a lawsuit, the court will dismiss the case.

Personal service of the complaint and summons is a form of actual notice. Actual notice occurs when the summons and complaint are delivered personally to the respondent. The two other basic forms of process service are substituted service and constructive service. Substituted service is personal delivery to the residence of the respondent or notice given to an agent of the respondent. Constructive service is notice delivered through publication in a newspaper.

If a party cannot be reached in person, substituted service may be made by mailing the summons and complaint by certified or first-class mail. If a party cannot be found, notice may be served by publication in a newspaper.

The U.S. Supreme Court has ruled that service...

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