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What Is Personal Service?

When a Court orders that personal service take place on an individual this can be accomplished in several different ways. The first is to have a process server or an individual who is 18 years of age or older and not a party to the action deliver the summons and court paperwork directly to an individual and personally hand it to them.

If a person cannot be found, the summons and court papers can be delivered to a person of “suitable age and discretion” at the business or place of residence of an individual. Should these methods not be available because an individual is avoiding service a “nail and mail” method can be utilized. This occurs where the summons and court paperwork are affixed to an individual’s door and the papers are also mailed via first class mail to an individual.

If a litigant is having difficulty serving an individual consulting with a process server who serves papers as a regular course of their business may be a wise decision. These individuals know the rules of service and know how to make the number of attempts necessary to show a court that an individual is probably evading service.

The services of an attorney should be sought where one does not know the location of an individual to be served or any other difficulties are being had in serving an individual.