Serving the Defendant: Making the Lawsuit Official

Serving the Defendant: Making the Lawsuit Official

Once your legal complaint has been filed, the next step is to officially notify the at-fault party that a lawsuit has been brought against them. This step is called serving the defendant, and it’s a critical part of moving your case forward.

Why Service of Process Matters

Serving the defendant does more than just hand them paperwork — it protects your legal rights and ensures the case can proceed fairly. It formally:

• Notifies the defendant of your claim
• Triggers their legal deadline to respond
• Begins the litigation timeline
• Establishes due process, a fundamental right in every case

Without proper service, the lawsuit can’t move forward — and the court may even dismiss the case.

What’s Being Served?

The documents typically delivered to the defendant include:

• The complaint – outlining what happened and what you're seeking
• A summons – instructing the defendant when and how to respond
• Sometimes additional documents like hearing notices or court orders

Your attorney and legal team handle this process for you, ensuring it's done properly and documented correctly.

How Defendants Are Served

There are a few ways the defendant might be served, depending on the situation:

• Personal Service – A process server or officer delivers documents directly
• Substitute Service – Documents left with someone at the defendant’s home or workplace and also mailed
• Certified Mail – With a signature required to confirm receipt
• Publication – Rare, but used if the defendant can’t be found and notice must be published publicly

Each method follows strict legal rules and must be documented through a proof of service filed with the court.

What Happens Next?

Once served, the defendant has a limited window — often 20 to 30 days — to respond. If they don’t, the court can issue a default judgment in your favor. If they do respond, the case may proceed with motions, negotiations, or trial prep.

Their options may include:

• Filing an Answer (agreeing or denying allegations)
• Requesting a Motion to Dismiss
• Filing counterclaims or other defenses

Whatever happens next, your attorney will guide you through it.

If you’ve filed a lawsuit after a car accident, proper service is what turns paperwork into a case. It’s a technical step — but an essential one — that ensures your voice is heard and your case moves forward legally and effectively.

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