How Long Will A Process Server Try To Serve

How Long Will a Process Server Try to Serve?

Serving legal documents is a crucial step in the legal process. Understanding how long a process server will attempt service is vital for both plaintiffs and defendants. This article will clarify the process and factors influencing the duration of service attempts.

The Persistence of Process Servers

There's no single, universally applicable answer to how long a process server will try to serve. The timeframe varies significantly depending on several key factors:

Jurisdictional Rules: Each state (and even some counties within states) has its own specific rules and regulations governing the service of process. These rules dictate the number of attempts a process server must make, the minimum time between attempts, and the acceptable methods of service. Understanding your specific jurisdiction's rules is crucial.

Type of Document: The urgency of the legal matter will impact the persistence of the process server. For example, a summons for an emergency injunction will likely receive a greater number of attempts and a shorter timeframe between them than a routine civil complaint.

Defendant's Evasion: If the defendant is actively avoiding service, the process server may need to employ more creative strategies and expend more time and effort to locate and serve them. This can significantly extend the timeframe. Techniques may include multiple visits at various times of day, utilizing different methods of service (personal service, substituted service, etc.), and potentially leveraging public records.

Process Server's Workload: A process server's caseload will influence the speed at which they can pursue service attempts. A busy server may have longer gaps between attempts compared to a server with a lighter workload.

The Process Server's Firm: Different firms may have different internal policies regarding the number of attempts and the time invested before declaring a case "unserved". Some firms may prioritize high-volume cases, potentially leading to fewer attempts per case.

Typical Service Attempt Timelines

While precise timelines vary, it's not uncommon for a process server to make multiple attempts within a relatively short period (e.g., several attempts over a week or two) before escalating the process. However, some jurisdictions allow for a more extended timeframe, potentially stretching service attempts over several weeks or even months, particularly if the defendant is elusive.

What Happens if Service is Not Achieved?

If a process server is unable to effect service after a reasonable number of attempts, several options are usually available:

• Substituted Service: The court may allow substituted service (leaving documents with a responsible adult at the defendant's residence, for example).
• Publication Notice: In some cases, the court may authorize publication of notice in a newspaper or other media outlet, to inform the defendant about the lawsuit.
• Waiver of Service: The plaintiff might request the defendant to waive formal service, often incentivized by avoiding additional fees.
• Motion to the Court: The plaintiff may need to seek guidance and direction from the court regarding the next steps.

Conclusion: Proactive Communication is Key

To ensure timely service, open communication between the plaintiff (or their attorney) and the process server is crucial. Regular updates on the progress of service attempts can help address any challenges proactively and increase the likelihood of successful service within a reasonable timeframe. Understanding the specifics of your jurisdiction and the nature of the legal matter will provide you with better insight into expected service timelines.