How to serve papers by mail

Serving papers by mail, also known as "mail service" or "substituted service," is a legal process that allows you to serve legal documents, such as summons, complaints, or other court papers, to a party in a lawsuit without physically handing them the papers. Here's a step-by-step guide on how to serve papers by mail:

Eligibility: Before you can serve papers by mail, you must ensure that the party you are serving is eligible for mail service. Check your state's laws or court rules to see if mail service is allowed in your jurisdiction.

Preparation:

  1. Prepare the documents: Make sure you have the correct legal documents, such as a summons, complaint, or other court papers, and that they are properly signed and notarized.
  2. Check the address: Verify the address of the party you are serving to ensure it is correct and up-to-date.
  3. Use the correct mailing address: Use the mailing address listed on the party's court records or other official documents.

Mail Service:

  1. Use certified mail: Send the documents via certified mail, return receipt requested. This provides proof of delivery and can help you track the documents.
  2. Use a tracking number: Keep a record of the tracking number or receipt number to prove that the documents were mailed.
  3. Mail the documents: Mail the documents to the party's address using the certified mail service.
  4. Wait for the return receipt: Wait for the return receipt to be signed and returned to you. This is usually within 5-10 business days.

Proof of Service:

  1. Keep the return receipt: Keep the return receipt as proof of service. This is usually the signed receipt from the party or their representative.
  2. File the proof of service: File the proof of service with the court as required by your state's laws or court rules.

Tips and Considerations:

  1. Check with the court: Before serving papers by mail, check with the court to ensure that mail service is allowed in your jurisdiction and to confirm any specific requirements.
  2. Use a process server: If you are not comfortable serving papers by mail or if the party is difficult to locate, consider hiring a professional process server.
  3. Keep records: Keep detailed records of the mail service, including the tracking number, return receipt, and any correspondence with the party.
  4. Be aware of jurisdictional limitations: Some jurisdictions may have specific rules or limitations on serving papers by mail, so be sure to check your state's laws or court rules.

Remember to always follow the specific rules and procedures for serving papers in your jurisdiction, and consult with an attorney if you are unsure about any aspect of the process.