Service of process is an integral part of the American legal system, ensuring that all parties involved in a court case are properly notified and given time to prepare a defense. When service of process is unsuccessful, it can create a series of complications that negatively affects the entire legal process. Understanding the implications of failed service of process is important for anyone who is involved in any type of legal matter.
The Role of Service of Process in Legal Proceedings
Service of process is the delivery of legal documents – such as summons, complaints, or subpoenas – to the persons named on those documents. This ensures that the recipients are informed about any legal claims made against them and have time to prepare a response, or if applicable, prepare a counterclaim. Without service of process, a court case cannot legally proceed, as it would violate due process rights guaranteed to citizens by the U.S. Constitution.
Common Reasons for Failed Service of Process
- Incorrect Address: People frequently move, and don’t always leave behind a way to be contacted.
- Evasion: Some individuals do not want to be served and actively avoid a process server.
- Improper Service: If state or federal laws are not followed during service of process, it can be deemed invalid.
- Insufficient Information: Plaintiffs often have limited information about defendants and witnesses, making service of process more difficult.
No matter the reason, failure to serve process will delay legal proceedings and cause additional costs for everyone involved.
Consequences of Failed Service of Process
Delayed Legal Proceedings
Without proper service of process, court cases cannot proceed. These delays are costly for all parties and also take up much more of everyone’s time.
Case Dismissal
If the plaintiff cannot demonstrate diligent efforts to complete service after several failed attempts, the judge may dismiss the entire case.
Statute of Limitations Issues
Not serving the defendants before the statute of limitations runs out for the type of case being filed is a guaranteed way to never have the case heard at all.
Default Judgments Overturned
If a defendant claims they were not properly served process and can provide evidence, a court may overturn a previously-made default judgment. This will result in the case being reopened, causing additional expenses and delays for the plaintiffs.
Increased Costs
Attempting to serve process multiple times or using alternative methods of service can quickly increase costs for everyone. These expenses often fall on the party initiating the lawsuit, although there are times when the judge can order the defendant to reimburse these costs.
What to Do When Service of Process Fails
Hire an Experienced Process Server
Professional process servers, such as those at Accurate Serve of Atlanta, are well-versed in state and federal laws and best practices. Process servers use strategies like skip tracing to locate individuals who are difficult to find, increasing the likelihood of successful service.
Document Diligent Efforts
Courts are more likely to be lenient if the initiating party can show that they made diligent efforts to serve the defendant.
File for Alternative Service
If traditional service methods fail, courts may allow alternative methods of service, such as serving another responsible adult in the same residence or publishing a notice in a local newspaper. Georgia law provides specific guidelines for these alternative service methods, which must be approved by a judge before implementing.
Act Quickly
When service of process fails, you must act quickly. Promptly addressing service failure gives you time to make service in another way, keeping the legal proceedings on schedule.
Partnering with Atlanta’s Process Service Experts
At Accurate Serve of Atlanta, we understand the importance of serving process on time. We are dedicated to serving your process efficiently and in compliance with Georgia law. Whether you need assistance with skip tracing, diligent searches, or navigating alternative service methods, we are here to help. For reliable process service in Atlanta and all of Georgia, call 404-924-4838 or send us a work request online.
