Investigation Services Electronic Countermeasures Locate Missing PersonsPersonal Security & Protection Skip-Tracing ServicesPersonal Injury Investigations.

Investigation Services Electronic CountermeasuresLocate Missing Persons Personal Security & ProtectionSkip-Tracing Services Personal Injury InvestigationsPrivate Process Service Pre-Employment ScreeningCriminal & Civil Searches Vehicle & Driving Searches

JB Investigations & Security Services7263 Maple Place, Suite 108Annandale, Virginia 22003-3004703-916-8411 Office703-916-8412 FaxEmail: [email protected] Web: www.jbissi.info

Service of Process

1. Procedure

2. Methods

3. Statute

Procedure

Once an action is started, due process of the law must occur to have any Court of jurisdiction enforce such matters, first the defendant must be given notice. This is the giving of the necessary paperwork to any party in the caption.

Method

• Personal Service• Residence Service• Mail Service• Fax & Electronic

Service• Publication Service

Method

Personal Service

This is when a Deputy Sheriff or Special Process Server personally and physically delivers the petition and summons to the Defendant.

Method

Residence Service

This is when the petition and summons are delivered to the residence or place of business of the Defendant and left with someone authorized by law to receive service for the Defendant. To include Posting.

Method

Mail Service

Many types of lawsuits can be served by sending them to the Defendant via certified mail, overnight delivery, priority mail, commercial courier service, or other reliable personal delivery service as long as there is a written or electronic receipt provided.

Method

Fax and Electronic Service

Some paperwork may be served by sending it through facsimile transmission or through email. For example, notices of hearings and garnishments are frequently serviced through e-service.

Method

Publication Service

When a Defendant cannot be found after a diligent search, publication service may be authorized by the Court.

Posting in a newspaper.

Service of Process is required by the doctrine of due process of law and is an absolute necessity in each

and every case.

Statutes

1. McCoy v. Hickman 15 A.2nd 427 (1940)2. Safeway V. Ramirez 409 P.2d 292 (1965)3. Lane v. Elco Industries 656 P.2d 650

(1982)4. Hirch v. National Van Lines 666 P.2d 49

(1983)5. Cuomo v. Cuomo 533 N.Y.S.2d 940 (1988)6. McWherter v. CBI Services 153 F.R.D. 161

(1994)

Legal Research

Reading the Law

“or” means there are alternatives“and” means sequence, more“may” means discretion“shall” means no discretion

What does it mean?

Just what it says!

Sources of Law

• Case Law• Common Law• Ordinances• State Constitution• State Rules & Regulations• State Statutes

Sources of Law

• U.S. Constitution• U.S. Federal Rules & Regulations• U.S. Federal Statutes

Sources of Law

Other Courts:

• Municipal Courts• Bankruptcy Courts• Tax Courts• Administrative Courts• Military Courts

Organization of Courts

First Circuit: Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island

Second Circuit: Connecticut, New York, and Vermont

Third Circuit: Delaware, New Jersey, Pennsylvania, and the Virgin Islands

Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia, and West Virginia

Fifth Circuit: Louisiana, Mississippi, and Texas

Sixth Circuit: Kentucky, Michigan, Ohio, and Tennessee

Seventh Circuit: Indiana, Illinois, and Wisconsin

Eight Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota

Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington

Tenth Circuit:: Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming

Eleventh Circuit: Alabama, Florida, and Georgia

Twelfth Circuit: District of Columbia

Organization of Courts

State Court System

There are fifty state court systems. One for each state. Here matters relating to state laws can only be heard.

Organization of Courts

Federal Court System

The Federal system only concerns itself with issues involving federal law.

Investigation Services Electronic CountermeasuresLocate Missing Persons Personal Security & ProtectionSkip-Tracing Services Personal Injury InvestigationsPrivate Process Service Pre-Employment ScreeningCriminal & Civil Searches Vehicle & Driving Searches

JB Investigations & Security Services7263 Maple Place, Suite 106Annandale, Virginia 22003-3004703-916-8411 Office703-916-8412 FaxEmail: [email protected] Web: www.jbissi.info

The End

Review Questions

1. Why is it necessary to formally serve the Defendant with a Summons and copy of the Petition or Complaint?

2. How closely must the requirements of statutes on service of process be followed?

Review Questions

3. Is service of process valid when the Complaint & Summons are left at the last known address of the defendant, but they actually do not live there?

4. What is the purpose of service of process?

Review Questions

5. What is the purpose for requiring a Plaintiff to serve a Defendant with process within a specified time period after the lawsuit has been filed?

6. When is a Plaintiff entitled to a default judgment against the Defendant?

Review Questions

7. Can a default judgment be entered against the Defendant who has not been served properly with process, but only because he or she has knowingly interfered with attempts at service and thereby prevented service from being effectuated or accomplished?