What is Service of Process?

If the case is not settled the next step is filing the petition. The petition is the document that starts the personal injury case in court. The petition must then be served to the person that caused the accident, called the defendant.

Giving the defendant notice of a lawsuit is called service of process. This means you have to deliver certain legal documents to the defendant. If you are represented your lawyer will take care of the process. If you don’t get service of process completed in the right way your lawsuit can be dismissed by the judge. You can see that this part is very important which is why you want to have a lawyer handle your case.  There are many ways to get service of process.

You can serve a defendant in a personal injury case by mail, personally, or even by residential service. The service must include the summons and the petition. The Summons is prepared by the lawyer but must have the stamp of the court to make it official. The Petition is also prepared by the lawyer and states the claim being made against the person that is at fault. It will also explain not only the basic facts of the claim but the dollar amount being asked and whether you want a jury trial. All of this gives the defendant notice or due process.

Substantial compliance is usually close enough but the Kansas Courts said you just can’t leave it with a friend who promises to pass on the notice. In one case the lawsuit papers of the personal injury case were left with the receptionist at the defendant’s assisted living residential community.  Not close enough. Delivering the paperwork to an unauthorized third party who promises to pass them to the defendant does not constitute proper service even if the defendant was subsequently notified.