Being served means being legally given court documents, such as a summons, so you are notified of a lawsuit. You must respond within the deadline.
Meaning
Being served means you are formally given legal papers (such as a summons and complaint) so you know about a lawsuit.
Why
Due process requires notice.
Who can serve
A process server, sheriff or adult not involved in the case.
Methods
Personal delivery, substituted service or mail, depending on the state.
What to do
Read it, note the deadline (often 20 to 30 days) and respond.
Avoiding service
Doesn’t make the case disappear.
Get help
Consult a lawyer.
Legal meaning and mechanics
Being served means receiving formal legal notice that a lawsuit or legal action has been started against you, usually with a summons and complaint. Service of process makes sure you have a chance to respond, as required by due process. In US federal court, Rule 4 of the Federal Rules of Civil Procedure sets the rules, and state rules vary.
- Responses are due within a set time, commonly 21 days in federal court after service, and often 20 to 30 days in state courts.
- Personal service means hand delivery. Substituted service may allow leaving papers with a household member or posting at the door depending on the state.
- Certified mail, publication in newspapers and waiver of service are other methods.
What to do
Read the papers, note the deadline and contact a lawyer or legal aid promptly. Ignoring service can lead to a default judgment. Avoiding the process server does not stop the case. Legal aid organizations and court self-help centers offer free help. This is general information and not legal advice, and a licensed attorney in your state should be consulted.
Legal meaning and mechanics
Being served means being formally notified of a lawsuit or legal action through delivery of documents such as a summons and complaint. In US federal and state courts, service is done by a process server, sheriff, or mail, depending on rules. Under Federal Rule of Civil Procedure 4, the defendant generally has 21 days to respond after service.
What to do
Read the papers, note the deadline and contact a lawyer. Ignoring a summons can lead to a default judgment. Legal aid organizations help people who cannot afford counsel.
Service rules by type
Personal service means handing documents to the defendant. Substituted service leaves documents with an adult at the home. Service by mail or publication is allowed in certain circumstances. In federal court, the plaintiff has 90 days to serve the defendant after filing. Process servers charge 50 to 150 USD per attempt.
After you are served
Mark your response deadline, usually 20 to 30 days in many state courts (21 days in federal court). File an answer or a motion with the court clerk. If you cannot afford a lawyer, contact local legal aid or law school clinics. Ignoring the papers risks a default judgment, which can lead to wage garnishment or bank levies.
Based on data from the US Courts and the Legal Services Corporation
