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There are several ways to get served with legal papers, but getting it through personal service is the best for all parties concerned. This article outlines all the details this process entails.
Delivery of Notice
A defendant in a case has the right to receive a copy of the lawsuit or any other legal papers.
The delivery notice could be one of the following:
- Complaints
- Eviction notices
- Motions
- Orders to show cause
- Small claims papers
- Subpoenas
- Summons
- Writs
In Louisiana, documents must be served in the presence of a proper official, such as the sheriff or deputy, if they are unavailable. Because a sheriff has many responsibilities in the community, other entities may be deputized to deliver the papers: constable of a justice of the peace court or marshal of a city court.
Further, the parties of the case may also request for a process server to serve official papers. There are several ways for a defendant to get served, and personal service is one of them.
Personal Service
Personal service is when the legal official or process server hands documents to the defendant in person. It is a legal requirement in criminal and civil cases because it is a process that establishes jurisdiction over the defendant.
There are instances when personal service is not required, as in the case of in-rem jurisdiction, which means the court has authority over the subject being disputed in court. The same could be said for quasi in rem actions, which usually affect just one party.
Personal service is the most convenient delivery method for all parties concerned. On the part of the plaintiff, they will feel relief that the legal issue can proceed once the defendant is served with papers. The official or process server will be satisfied that the job has been completed, and the case can move forward legally.
Plaintiffs usually have information about where the defendant may be—their primary residence, workplace, or regular hangouts. The official or process server will check these locations and attempt to serve the defendant with the papers. If they cannot do so, the official or process server must investigate other possible whereabouts of the defendant.
Domiciliary Service
When the official or process server fails to locate the defendant in person, they could resort to domiciliary service or the process of leaving the documents at the defendant’s place of residence. The papers must be received by a person of “suitable age and discretion” who lives in the same house.
Process Servers Trained for Personal Service
Lafayette Process Servers is the most reputable process service company in Louisiana. They know how to properly serve documents in accordance with the U.S. Constitution, especially on the statute that every person in the country has the right to due process.
Some cases are thrown out of court because they were not served properly. Lafayette Process Servers will not let that happen. For more information, visit the website or email [email protected] or call 1-866-237-2853.
Resources
Lafayette Process Servers LLC. (23 August 2022). Louisiana Process Service. https://lafayette-process-servers.com/process-server/
Wex Definitions Team. (August 2020). Personal Service. Cornell Law School. https://www.law.cornell.edu/wex/personal_service
The foregoing podcast has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. Process serving laws and rules of civil procedure are different from state to state. If you seek further information about this topic, please make sure to contact an attorney in your local area
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