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

Serving small claims lawsuit papers by first-class mail is only allowed by a handful of states, including New York and Connecticut. In New York, if you mail the papers first class, then the papers are considered served as long as the mail is not returned as 'undeliverable'. However, in Connecticut, if the claim is not answered within the acceptable time limit, then the plaintiff must follow up with a personal process server.

How to Serve Papers in Small Claims Lawsuits: Substituted Service

Let's be honest: there are some people who have made avoiding the service of process into an art, and who are so accustomed to avoiding process servers like the plague that they are almost impossible to serve. For this reason, many states have adopted the process of "substituted service", which enables a plaintiff to serve papers in an alternate way if he or she has made reasonable efforts to properly serve the defendant.

In other words, if hiring a process server, mailing the paperwork by certified mail, and delivering it first class have not worked, the plaintiff can have a disinterested third party leave the papers at the home of the defendant (with someone who is at least 18 years of age) or at the defendant's place of business with a qualified supervisor, who must be informed about the nature of the papers. On that same day, a third party must also mail a copy of the paperwork to the defendant by first class mail.

Double-check the laws in your state to make sure that this is an option for difficult-to-serve individuals.