Until you’re involved in some form of court proceeding, you may not even know what it means to receive service of process. If you do find yourself being served papers, don’t fret. Here’s what you need to know to appropriately respond to the situation.
Getting served, while possibly upsetting and stressful, simply means that you are being informed, with a big stack of paperwork, that you are now involved in a court proceeding. Legal grounds could revolve around divorce, foreclosure, financials, or anything in between. After the process server confirms your identity and hands you your papers, it’s important to know how to handle this newfound item on your to-do list.
First of all, don’t take your emotions out on the process server. He delivers mainly bad news for a living, but he doesn’t personally know anything about your situation or the information contained within your paperwork. Though your server may be kind enough to listen to you scream, cry, or shout a list of questions, he isn’t the person who can help you.
Next, write the date and time on the paperwork. This is vital. As of the day you are served, you are held to a specific response turnaround time. If you do not supply your response within the allotted time, it can severely impact your chances of an outcome in your favor. Your lawyer and insurance company will also want to track deadlines on their end.
In addition—although this may seem obvious—read the papers! It’s all too tempting to throw bad news to the side and pretend it doesn’t exist, but matters will only worsen if you ignore your summons and complaint. The summons lets you know the details—response date, judge, and court on record—while the complaint provides the details of the lawsuit.
If you were expecting (or dreading) this lawsuit, then you may already have an attorney in mind. If not, immediately work on finding a lawyer with a strong reputation who can help you through the impending litigation. It might also be possible for insurance to assist in this claim if it’s related to personal injury or professional negligence. Reach out and see what help is available.
Though service of process may not mean good news, there’s always a way to handle whatever legal situation has fallen into your lap.
