Service of Process

Usually, a local process server retained by the attorney will serve the Respondent at either that party’s residence or workplace. Service can also be performed by a friend or family member of the client. It cannot be done by the client. If served at the Respondent’s residence it can be served upon anyone 18 years of age or older. At the workplace the papers must be served directly upon the opposing party.

If the opposing party is currently residing out of state, it is not an impossible situation as long as one knows where he or she is living. One then needs only to “Google” process servers in that geographical area. This usually yields a small group of possible servers to choose from based on availability and price. Through email and fax one can quickly send papers and after service is accomplished receive an affidavit of service.

In the worst of circumstances, where one has no idea where the other party is, service can be by publication with a local newspaper in the town of the last known address. However, one needs permission from the court to do this. Before giving such permission the court will want to know that all reasonable efforts to find and serve the person through the ordinary process have been made. Service by publication is expensive – especially if you are outside the locale of that newspaper – and takes longer than ordinary service. It is the last resort service.