How Do I Serve Legal Paperwork?
Serving legal paperwork sounds simple—hand over the papers and you’re done. In real life, it’s one of the most technical parts of a case. Courts require specific methods, timelines, and proof. If you do it wrong, your case can stall or even get tossed. Below is a plain-English guide for the United States that works whether you know the person’s address or you don’t. Rules vary by state and case type, so for anything high-stakes, hire an attorney and a licensed process server to protect your case.
First, what “service of process” means
“Service” is the official way to give someone legal notice—complaints, petitions, subpoenas, restraining orders, motions, and more. The court needs reliable proof that the other side had a fair chance to respond. That’s why casual delivery (texts, DMs, or tossing papers on a porch) usually won’t work unless a judge orders a special method.
Who can serve, and when
Most states say the server must be an adult who isn’t a party to the case. Many courts prefer a sheriff, marshal, or licensed process server.
Some documents have short deadlines (family temporary orders, eviction, small claims, TROs). Start early.
Night and weekend attempts are often allowed and sometimes wise if the person works long hours.
If you know the address
Try personal service first
This is the gold standard: the server hands papers to the person and notes the date, time, and place. If they refuse to take the documents, the server can usually drop them at the person’s feet and state they’ve been served.Substitute service at the home (if allowed)
If personal service fails after reasonable attempts, many states let you leave papers with a responsible adult who lives at the same address and then mail a copy. Some courts also allow service at the workplace with a supervisor or front desk. Follow your state’s exact steps—number of attempts, time of day, and mailing are often required.Service by mail with acknowledgment
Some states allow first-class or certified mail if the person signs and returns an acknowledgment form. If they don’t sign, you’ll need another method.Business defendants
For corporations and LLCs, serve the registered agent. Look them up on your Secretary of State’s website. If there’s no agent on file, most states allow service on an officer or the state agency designated to receive service.Special places
Jails, military bases, hospitals, and gated communities often have their own rules. Call ahead. The process server may need approval or to coordinate with staff.
If you don’t know the address
Start with simple tracing
Ask known contacts politely: family, friends, employer, landlord.
Check your own records: leases, applications, contracts, emails, and texts often contain addresses or workplaces.
Search public sources: county property records, voter rolls (where public), state inmate locators, court dockets, and professional licenses.
Use USPS tools: mail a letter marked “Address Service Requested” to see if a forwarding address comes back.
Consider a professional skip trace: licensed investigators and process servers can lawfully pull databases the public can’t.
Document due diligence
Keep a clean log of each step so the judge can see you tried. (Template below.)Ask the court for “alternative service”
If you still can’t locate the person—or they’re dodging—many courts will allow creative options once you show due diligence. Examples:
Posting and mailing to the last known address
Certified mail plus email
Service through a social media account the person actively uses
Publication in a newspaper (old-school, but still used)
Courts want methods “reasonably calculated” to give notice. Give the judge a short, practical plan and attach your due-diligence log.
Proof of service—don’t skip this
Service isn’t complete until the server files a proof of service (sometimes called a return, certificate, or affidavit of service). This short form tells the court who was served, how, where, and when. Keep a stamped copy for your records. If you used alternative service, attach the court’s order and any mailing receipts, screenshots, or tracking pages.
Common problems—and how to avoid them
Wrong person: Make sure your server confirms identity (ID check, photo match, or verbal confirmation).
Bad address: Verify with a fresh source (utility bill, DMV printout if legal, USPS, skip trace).
Hostile or evasive recipient: Professional servers are trained for this. They’ll vary times, watch patterns, and document refusals.
Expired summons: Many states have a “service by” deadline (e.g., 60 or 120 days). Reissue or extend before it lapses.
International service: Serving someone abroad usually requires the Hague Service Convention or other treaty steps. This takes time—start early and hire an attorney experienced in cross-border service.
Special notes by case type
Family law: Courts may allow alternative service more quickly to prevent delay. Keep your tone professional—judges dislike games around service.
Small claims: Rules are often simpler, and clerks have guide sheets. Still, follow the return-of-service instructions exactly.
Personal injury: Service delays can kill a case if the statute of limitations is tight. Calendar your deadline and build a cushion.
Protective orders: Safety first. Use law enforcement when possible. Tell the clerk if you fear violence or stalking.
Quick templates you can adapt (same format as the rest of this post)
Service Attempts Log (Due Diligence)
Date / time — Address — Method (knock, mail, phone, skip trace) — What happened — Initials
Example: 6/3, 7:10 pm, 123 Maple — Knocked; lights on; male voice refused to open. Left quietly. — AB
Example: 6/5, noon, Workplace XYZ — Reception said target left job May 1; obtained last known cell. — AB
Example: 6/7, 6:45 am, 123 Maple — Car present; no answer after 5 minutes; neighbor confirmed target lives there. — AB
Short Declaration of Due Diligence (attach to your motion for alternative service)
I am over 18 and not a party. I attempted service on [Name] in this case. I made [number] attempts at [address(es)] on [dates/times]. I checked [list sources: postal forwarding, property records, employer, known contacts]. I was unable to complete personal or substitute service. Based on these facts, I believe [Name] resides at [address] or is evading service. I request leave to serve by [proposed method], which is reasonably calculated to give notice.
Practical alternative-service plan
Post and mail at last known address; send by certified and first-class mail; email to [address]; and message via the verified social media account the person used within the last month. Attach screenshots and tracking.
A step-by-step checklist
Read your court’s service rule and any local practice guide.
Calendar deadlines: “serve by” date, hearing date, and proof-of-service due date.
If you know the address, start with personal service; if that fails, follow your state’s substitute service steps.
If you don’t know the address, do a focused skip trace and keep a due-diligence log.
If still no luck, file a motion for alternative service with your log and a practical plan.
File the proof of service (or proof of alternative service) promptly and keep copies.
When in doubt—or when the stakes are high—hire an attorney and use a reputable process server.
Final thought
Serving someone the right way is more than “dropping off papers.” It’s a technical step that protects fairness and keeps your case on track. With a plan—verify the address, attempt personal delivery, document every step, and ask the court for alternative service when needed—you can move your case forward without surprises. And when the case is important or the other side is hard to find, hiring an attorney and a licensed process server is the safest way to get it right the first time. Does that help?
If you could use any help with serving people or finding them in order to serve them, contact our Hotline now to speak with an experienced attorney who can guide you through that difficult process.