Frequently Asked Questions
What does Independent Process Service do?
Independent Process Service delivers (or serves) legal documents, writs, summons, subpoenas, complaints and other court documents to a defendant or an individual involved in a court case.
Independent Process Service must serve the documents in accordance with the legislation of the state of Minnesota. This means handing the documents to the defendant personally or sub-serving to someone in the same household or business.
Once the documents are delivered, Independent Process Service must provide proof that the papers were served. This is done through a document call an Affidavit of Service, also called a Proof of Service, which must be notarized and given to the party who requested service.
Do I need Independent Process Service?
You should keep in mind that Independent Process Service is experienced in serving legal documents efficiently.
More importantly, Independent Process Service is knowledgeable of the legislation surrounding service of process in the state of Minnesota.
There are several requirements and constraints associated with serving legal documents. If the service is not performed in accordance with the law, this can hinder your case from going forward, or result in the dismissal of your case. Improper service also delays obtainment of evidence, which can cause injunctions, an increase in court fees and additional attorney fees.
What is Service of Process?
United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the Due Process of Law.
Process serving laws and rules of civil procedure are different from state to state.
People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, order to show cause and writs.
One type of service is called "substituted service.” This legal process of service is when the documents are left with an adult resident of the named party at the target’s home, or with a management level employee at their place of business. There are also circumstances when posting in a prominent place (followed up by a certified mail copy) is an accepted method of service.
Where can Defendants be Served?
This depends on the state laws. This is also an important reason why you need Independent Process Service. In some states, you can serve anyone, anywhere at anytime. In the some states, you cannot serve someone at their residence on Sundays, nor can you serve them when they are traveling to and from a court of law. Some states do not allow serves to occur on Holidays.
What if the person cannot be found or is evasive?
If the named party in the documents cannot be found, the court may allow service by publication in a newspaper.
In some states, a "Substitute Service" is acceptable. This is when someone other than the defendant is served.
If Independent Process Service is unable to serve your client then we will contact you for further instructions.
