Service of Process Frequently Asked Questions

According to Black’s Law Dictionary, Service of Process “is the formal delivery of a writ, summons, or other legal process or notice that must comply with the rules of civil procedure”. Once a company has been served—whether through personal service, service by mail, or a process server—, the clock starts on the time allowed for a response. A Service of Process will usually include information regarding the nature of the complaint (the reason the lawsuit was filed), the type of case, and the time the company has to respond. It may also include information regarding other documents the court requires.

Who Can Accept a Service of Process?

Some companies have a designated employee, who must be at least 18 years of age, responsible for receiving and processing Services of Process. However, since employees take lunch breaks, get sick, or go on vacation, this is not always the best way to handle legal documents.

Other companies utilize a professional registered agent service or process agent to receive their Services of Process and other legal documents. This protects the company’s privacy and ensures timeliness since all such documents, including the necessary proof of service, will be received during normal business hours and will not be missed due to vacations or sick days. In addition, registered agents will promptly process and forward details of the Service of Process to the company they represent to avoid any further legal repercussions.

Professional registered agent services, such as RASi, comply with state laws requiring businesses to designate an authorized individual or service to accept Service of Process. This ensures legal actions are handled professionally, helping businesses maintain compliance and respond efficiently to legal matters.

Why is Service of Process Important?

Service of Process is necessary for ensuring fairness and transparency in legal proceedings. It serves three essential purposes:

• Official Notification of Legal Actions: Service of Process formally notifies individuals or entities that legal actions have been taken against them. Courts require proper notification to uphold the legal rights of all parties involved, which may require a process server to personally serve the documents depending on the jurisdiction.
• Initiates the Response Timeline: Once Service of Process is completed, regardless of the form of service used, it starts the clock on the time allowed for the recipient to respond. Timeliness is crucial to ensure legal proceedings move forward without delays.
• Provides Key Case Information: The documents delivered through Service of Process outline the nature of the complaint, legal claims, and response deadlines. Professional registered agent services help ensure these documents are handled promptly and accurately.

What Happens After a Service of Process is Delivered?

Once the registered agent receives a Service of Process, they will notify the company they represent of the document and may include some basic details. The company served should notify their lawyer immediately to draft a response and review the accompanying proof of service for accuracy. The length of time allowed for a response varies and the information will be provided on the document.

Is a Company Required to Have a Registered Agent?

Yes. Each state requires a company operating within their jurisdiction have a registered agent who will sign for a Service of Process. Some companies use a designated employee within their organization as a registered agent and others utilize a registered agent service to avoid having any legal documents missed due to employee absence.

Using a professional registered agent service ensures compliance with state laws and provides an added layer of privacy. This is particularly valuable for businesses operating in multiple states or not having a consistent in-office presence during normal business hours.

How Does RASi Handle Service of Process?

RASi has created an efficient method of recording and relaying Services of Process documents. Upon delivery, RASi will prepare a Service of Process Receipt that contains the basic details of the document. The document will then be scanned and recorded in our secure database which can be accessed through the company’s Corpliance account. The company will be notified through either email, phone call, or a combination of both and the documents forwarded per the company’s instructions.