Ensuring that all parties are properly informed of pending legal proceedings that involve them is essential. Serving court papers, also known as process serving, is a mandatory step in this process. There are several methods that can be used to deliver these documents, each with its own advantages and circumstances where it is most appropriate. In this post, we’ll explore five effective ways to serve court papers, providing you with a clearer understanding of how legal documents can be delivered in the Queen City and beyond.
Personal Service
Personal service is the gold standard in process serving. This method involves a process server physically handing the court papers directly to the intended recipient. It’s the most straightforward and reliable method, ensuring that the documents are placed directly into the hands of the person they are meant for. In Charlotte and throughout the Carolinas, this is the preferred method as it leaves little room for dispute over whether the documents were received.
Substituted Service
When personal service isn’t possible—perhaps the individual is deliberately avoiding being served or isn’t available—substituted service is an alternative. This method allows the process server to leave the documents with a responsible third party, such as a spouse, adult child, or employer. In addition to handing over the documents, a copy is also mailed to the recipient’s last known address via certified mail. It’s important to note that in most cases, substituted service must be approved by the court before it can be used
Service by Publication
In situations where the recipient’s whereabouts are completely unknown, even after thorough search efforts like skip tracing and diligent search, service by publication may be employed. This method involves publishing a notice in a local newspaper or similar local news resource where the individual is believed to reside and/or work. After the notice has been published for a specified period, typically several weeks, the court considers the individual served. Like substituted service, this method also requires court approval.
Electronic Service
With the increasing use of technology in our daily lives, electronic service is becoming more common, although it’s still a relatively new method. In certain cases, particularly those involving businesses or individuals who are known to be actively using email, the court may allow service via electronic means. This could involve sending the documents via email or another electronic platform. However, this method is typically reserved for specific cases and always requires prior court authorization.
Certified Mail
Certified Mail®, provided by the United States Postal Service, offers another method for serving court papers. This method requires the recipient to sign the documents, providing proof that they were received. Certified Mail is often used in conjunction with other methods and is rarely the sole method for serving initial legal documents such as summons and complaints. It’s more commonly used for delivering other court-related documents, like motions or notices, during the course of a case.
Accurate Serve® Gets Your Papers Served, No Matter What
At Accurate Serve® of Charlotte, we use all the service methods available to us to get your legal documents served, no matter what. Whether you need personal service, substituted service, or even assistance with alternative methods like service by publication, our experienced team is here to help. We proudly serve both North Carolina and South Carolina, and we’re committed to providing top-notch service to our clients.
If you need assistance with serving court papers anywhere in the Carolinas, don’t hesitate to reach out. Give us a call at 704-858-2952 or send us a work request online to get started today.