Serving the Summons After obtaining the summons and complaint from the clerk, the litigant must then have the summons and complaint served on the other side. 1. After the COPY of the summons has been served, the person who served it shall fill out an Affidavit of Service. You may download the Affidavit of Service form now, or you may obtain a form from the Court Clerk. 2. Anyone over the age of 18 years, and NOT A PARTY to the action may serve the summons. 3. If you wish, you may hire a Process Server to serve the summons and complaint. See the yellow pages of the phone book to locate one. 4. A COPY of the summons shall be served on the defendant Personally or by Substituted delivery. If neither of those methods can be achieved after diligent effort, the summons may be served by Conspicuous Place delivery: a. Personal delivery: A copy of the summons and complaint may be served by giving it to the defendant in his or her hand. b. Substituted delivery: A copy of the summons and complaint may be left with a person other than the defendant “of suitable age and discretion” at the defendant’s residence or place of business. A copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential” within 20 days of the service on the substituted person. The envelope may not indicate that it is from an attorney or that it concerns an action against the defendant. c. Conspicuous Place delivery: If no one can be found to receive the summons and complaint by personal or substituted delivery after a diligent effort to serve the papers (at least three attempts during working hours and outside of working hours), you may serve the summons by conspicuous place delivery. This is also known as “nail and mail.” This delivery requires that a copy of the summons and complaint be affixed to the door of the actual residence or place of business of the defendant, normally with adhesive tape. A copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential” within 20 days of the affixing of the summons and complaint. The envelope may not indicate that it is from an attorney or that it concerns an action against the defendant. 5. If the defendant is a corporation, the COPY of the summons must be served on an Officer or Managing Agent of that corporation. The person making the service shall find out the name of the person served, and the office he or she holds in the corporation. 6. Service on the defendant may be made on any day EXCEPT SUNDAY. 7. After the summons is served, the person who served the papers must fill out an affidavit of service (see below). If the defendant does not answer the summons and complaint you will need to mail an additional copy to the defendant before the court will hold a hearing to determine the amount that you are owed. You can serve this notice now or at any time before the entry of a judgment. The copy of the summons and complaint must be mailed to the defendant in an envelope marked “Personal and Confidential.” The envelope may not indicate that it concerns an action against the defendant. You will need to fill out a second affidavit of service for the additional mailing and bring it with you to the inquest.
