How to Understand the Service of Process in Small Claims Court

Posted by Anonymous , 9/5/2007 Tags:UnderstandServiceProcessSmallClaimsCourt
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How to Understand the Service of Process in Small Claims Court

Introduction

Once you have filed a suit in small claims court, the defendant must be served with the claim and a notice to appear. This is called the service of process in many states.

Instructions

Difficulty: Moderately Easy

Understand the Small Claims Court Service of Process

Steps

1

Step One

Check your county court's Web site. Each jurisdiction in the United States has different methods for serving a defendant in a small claims case. The National Center for State Courts makes it easy to find small claims information for your state with a convenient links page (see Resources below).
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Step Two

Ask the county clerk, or the deputy clerk, how your local court serves claims. They are there to help you fill out the proper paperwork and provide basic assistance in filing your case.
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Step Three

Read through a few articles on Nolo's Web site for ideas on how to track down hard-to-find defendants (see Resources below). Usually you will need to find a current home or work address, and Nolo offers advice for searching public records and on exactly who can be served in a case.
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Step Four

Speak to a professional process server. These professionals are normally hired to serve hard-to-find or out-of-state defendants. They should be able to answer any questions you have about the service process before you hire them.
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Step Five

After service of process, the court has jurisdiction over the person served. Depending on the state, if that person ignores the summons and fails to appear in court, he or she may forfeit the defense. Check with the court at which your case is filed to see what the local procedure is.
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Step Six

Try to find the most current address and work location of the person you plan to file suit against. This will make the service of process go more smoothly.

Overall Tips & Warnings

  • Many states offer alternative methods to serve the claim if the initial attempts have been unsuccessful. You should call about two weeks after a claim is filed to discuss options.
  • The service of process must be at a different time than the service of subsequent documents such as pleadings or evidence. Check with your court's regulations on the period of time you have to serve each type of communication.
  • Consider filing your suit out of small claims court if you feel the defendant may be out of state. The jurisdiction of civil court is usually not as limited as small claims. Check with your local court.

Overall Things You'll Need

  • Computer with Internet access
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