How to Serve Papers in Small Claims Lawsuits

In order to sue someone in a small claims court, you must complete what is called “service of process”, which means that you must deliver the paperwork pertaining to the lawsuit to the defendant. There are several ways that you can serve papers, and the one you choose should be the easiest to do.

How to Serve Papers in Small Claims Lawsuits: Personal Service

Your first option is to serve the papers personally to the defendant at his or her home or place of business. Although you cannot serve the papers yourself (it must be a ‘disinterested party’), you can get someone else to do it for you, such as a police officer or a process server. Process servers can be located in your yellow pages, or you can simply call your police department. Fees for using police officers or process servers can be added to your claim if your lawsuit is successful.

Remember that personal service means that the person serving the papers must actually find the defendant and give the papers to that individual. It doesn’t count if the process server simply leaves the papers in a mail box, mail drop, with a family member, or at a place of business. However, the person being served does not have to accept the papers. If there are any open acts of hostility, or if the defendant runs away, the process server should simply set the paperwork down and leave. This is still valid service of process.

How to Serve Papers in Small Claims Lawsuits: Certified Mail

Your second option when it comes to serving papers for small claims courts is to do so by certified mail, which may or may not work. Unlike using personal service, where the process server need only find the defendant, if your letter is not signed for, then process has not been served. People who routinely refuse to sign for certified mail, or who know what it is about, may decline to sign, and the letter will be returned to you. At that point, you may have to hire a process server, which can be collected if you win a judgment.

How to Serve Papers in Small Claims Lawsuits: First-Class Mail