What is Service of Process?
Updated January 24, 2026
The formal delivery of legal documents, such as a complaint and summons, to a defendant to provide official notice that a lawsuit has been filed against them.
Understanding Service of Process
Proper service of process is a constitutional requirement that ensures defendants receive notice and an opportunity to respond. Service methods vary by jurisdiction but typically include personal delivery by a process server, service on an authorized agent, or in some cases service by mail or publication. Failure to properly serve the defendant can result in dismissal of the case.
Examples
- 1Process server personally delivering complaint to defendant at their home
- 2Serving a corporation through its registered agent
- 3Court authorizing service by publication when defendant cannot be located
Related Terms
Complaint
The initial document filed to start a lawsuit, setting forth the plaintiff's claims, the facts supporting them, and the relief sought.
Answer
The defendant's formal written response to a complaint, admitting or denying allegations and raising any defenses.
Default Judgment
A binding judgment entered by the court in favor of the plaintiff when the defendant fails to respond to the lawsuit or appear in court within the required timeframe.
Statute of Limitations
A law that sets the maximum time after an event within which legal proceedings may be initiated. Once the statute of limitations expires, the claim is typically barred forever.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
For Personal Injury cases
The record behind a term like this one is built by the client, not the file.
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