Content

• Steps
• Method 1 of 5: the basics of subpoena delivery
• Method 2 of 5: Personal subpoena delivery
• Method 3 of 5: Court Notice by Mail
• Method 4 of 5: Substitute for personal delivery
• Method 5 of 5: Notice through publication
• Warnings

When you file a small claims court claim against a person or organization, you must file a statement of claim. The opposing party to the case, called the “defendant”, must be notified of the proceedings before the case is launched. The process of notifying the defendant of a lawsuit is called “serving notice”.

Steps

Method 1 of 5: the basics of subpoena delivery

1. 1 Find out who can serve notifications.If you are the plaintiff - the litigant - you not allowed to serve notifications. You must ask a third, uninterested party to do this for you.
   • The person serving the summons must be at least 18 years old.
   • A person should not have a direct interest in the matter. Simply put, he or she cannot be on the side of the plaintiff or the defendant.
   • You can ask your friend, relative, coworker, or anyone you know to pass the notice if they meet these basic requirements. However, prior court approval may be required for this person.
   • Alternatively, you can hire a professional to serve the subpoena instead. You can usually find a list of these professionals under the “messenger services” heading in your phone book or business directory. Typically, for a fee, you can also ask the sheriff, bailiff, or constable to serve court papers.
2. 2 You must know who to notify. If you filed a lawsuit against one person, then you will have to send a notice only to him. If you are suing more than one person, you must notify everyone who is sued.
   • If you are suing a business association, notify one of the partners. Notify both partners if you have filed a separate claim against each partner.
   • If you are filing a lawsuit against a corporation, notify one of the corporation's board members or the company's litigation representative.
   • If you are suing your landlord, notify the landlord of the property you are renting.
   • If you are suing the county, notify the county clerk.
   • If you are suing the city, notify the head of the City Hall Secretariat.
   • If you are suing the state, notify the Department of Justice.
   • The defendant must be in the state at the time you file your claim, unless you are in litigation with an out-of-state owner of property or an out-of-state owner / driver of a car.
3. 3 Submit your court papers on time. The deadline for subpoena service may vary from state to state, but usually you will need to serve the documents to the defendant no later than eight days before the start of the trial.
   • In some cases, you may have to send court documents 30 days before the start of the trial. For example, if you are submitting papers using a substitute for personal service, you must do so at least 30 days before the start of the trial. Check with the court when you file your petition to find out the deadline.
   • Usually, documents can be sent any day of the week except Sunday. Orders of protection can be served on any day of the week and must be served 24 hours before the start of the trial.
4. 4 Determine the location of the responder. In most cases, you will have a lot of time between the date you filed your petition and the expected date of your hearing. If you do not yet know where the defendant is, you will have to find the opposing side yourself or hire a bailiff to do it for you.
   • If you were unable to locate the defendant, you must provide the court with a list of all the methods you followed to find out the defendant's location and serve him a summons. Include in the report as much detail and places you have visited while trying to find a responder.
   • If you can prove that you have done everything possible to serve the defendant with the court documents, the judge may set a new date for the commencement of the trial or ask you to try another search, or he / she may allow you to notify the defendant in another way (by mail, personal delivery or publication).
5. 5 Attach all required documents. When you file your petition, you will need to bring some documents with you when you leave the courtroom. There are documents that you will have to send to the defendant.
   • A "Subpoena" or "Order to Present Cause" asks the defendant to come to court on a specific date.
   • You also need to send him a copy of the petition you submitted.
   • If any type of temporary restraining order existed, this document must also be provided to the defendant.
   • Please note that you will also receive a Proof of Service or Affidavit of Service form, but it does not need to be sent to the opposing party.
6. 6 Receive and complete the Certificate of Service of Court Documents. A Certificate of Service Form is a document that proves to the court that you have complied with your obligations by submitting notices in a proper manner. This form should be completed after you have sent the subpoena and submitted documents to the court for review before the hearing.
   • The form must indicate the place and date of delivery of the documents.You should also indicate to whom the documents were handed over and describe this person externally. The name and address of the person who served the documents to the defendant must also be indicated.
   • Typically, this form must also be notarized. The person who handed over the documents must sign the form in the presence of a notary. However, the defendant may not sign this form.
   • Hand the original completed form to the judge when you go to court. Keep in mind that in states such as California, you must fill out the form in court at least five days before the start of the trial. You should also make a copy of the form for yourself.

Method 2 of 5: Personal subpoena delivery

1. 1 Transfer documents directly to the defendant. The bailiff must personally hand over a copy of the court record to the defendant. He or she must go to the defendant, tell him "These are court documents" and give copies of all documents related to your case.
   • The defendant may refuse to accept the documents. If this happens, the bailiff must put the documents near him and leave. By doing so, he will satisfy the requirements of the court, even if the defendant refuses to accept the documents or throws them away.
   • Personal service is the preferred method of notification and should always be used first.
2. 2 Fill in the form Certificates of service of court documents. After the documents are handed over to the defendant, the bailiff must fill out the required form and sign it in the presence of a notary. This form must then be completed at the courthouse along with your other court documents.

Method 3 of 5: Court Notice by Mail

1. 1 Pay the court clerk. In most states, you can pay a court clerk a small amount to send court documents to the defendant by registered mail or first class mail, depending on how you want to deliver the document.
   • Usually this service is inexpensive and you can get damages if you win the case.
   • In states like California, notice by mail must be done through the court clerk - you are not allowed to send papers yourself. Check the laws in your state that apply to this type of service to find out what restrictions apply.
2. 2 Send documents by registered mail. In states such as Michigan, you may be allowed to send documents to the defendant without resorting to the services of a court clerk. If this is the case, then the documents must be sent by registered mail, and you must demand a receipt with an acknowledgment of receipt.
   • This receipt must be signed by the defendant to the petition.
   • Please note that a certified letter is required when you submit the subpoena. If you are sending additional documents related to the case after the trial, you can usually use first class mail.
3. 3 Fill the form Certificates of service of court documents. If you pay the court clerk to send court documents, he or she must fill out a form. You will most likely receive a copy and the clerk will attach the original to the case file. If you live in a state that allows you to submit documents yourself, you will need to fill out a form and file it as usual.
   • Please note that you will also need to attach a copy of the signed delivery receipt when you submit the form to the court.
4. 4 Be aware that you are taking risks. While notice by mail can be convenient, there is a possibility that the judge will not accept this method of notification if strict instructions have not been followed. In practice, approximately 50 percent of court documents sent by registered mail are not processed.
   • The signature on the certified letter receipt must be legible for the judge to read.The signature must belong to the defendant - no one else has the right to sign it.
   • If the defendant or the defendant refuses to sign the notice of receipt of the certified letter, this notice cannot be accepted as a certificate of service of court papers.

Method 4 of 5: Substitute for personal delivery

1. 1 Find out who else you can transfer your documents to. If the bailiff / executor did everything in their power to personally serve the documents to the defendant, and could not do this, then they can transfer them to a party that can officially accept them on behalf of the defendant.
   • A capable adult over the age of 18 living in the same home as the defendant can usually accept the documents. Also, an adult who remains in charge of a senior at the workplace or an adult who is responsible for receiving correspondence can usually also accept documents.
2. 2 The deputy respondent should be briefed. When submitting court documents to the deputy defendant, your bailiff must provide the deputy defendant with specific instructions regarding the documents and what to do with them.
   • Make sure the defendant's deputy / deputy is aware that he or she is receiving papers to be handed over to a specific person. The name of the defendant should be named, and his deputy should be told to hand over the papers to him.
   • You need to find out the name of the deputy defendant, leaving the papers. If he refuses to give his name, a full description of the appearance of the alternate defendant must be made.
3. 3 Send another copy by mail. When you notify the defendant by personal service of the subpoena, you must also send him copies of all court documents by first class mail. Send the package of documents to the name of the defendant.
   • You should send the documents to the same address where the bailiff left them.
4. 4 Fill the form Certificates of service of court documents. The bailiff must then fill out the Certificate of Service Form as usual. In addition to this form, the bailiff must also complete the Certificate of Shipment (Substitute for Personal Service) form.
   • Retrieve both forms from the bailiff after he or she completes them. Submit them to the court records on the day of the hearing or before the start of the hearing.
   • Provide a postage receipt with the forms to prove that you mailed a second copy of the documents.

Method 5 of 5: Notice through publication

1. 1 Use this method as a last resort. Notice through publication can only be used if you have a written court order authorizing you to use this method.
   • This method of notification is used very rarely. Most likely, you will be allowed to use this method only if you have already tried to send documents in every possible way, but this has not been successful.
2. 2 Receive Court order for publication. This is the name of an official court order authorizing you to use this method of notification. You have to write Application for permission to publish a court summons and fill Due diligence declaration in court to obtain such an order.
   • A declaration is simply a statement of your efforts to notify the defendant.
   • Tell the judge everything you know about the opposing party's possible location. If you prove to the judge that you cannot contact the opposing party, even if you know where the defendant should be, the judge may consider your request.
   • If the judge decides to grant your request, he or she will order the notice to be published in the newspaper of their choice.
3. 3 Provide the court with a legally certified notice from the newspaper. After the notice has been published in the newspaper within the time prescribed by the judge, the defendant is deemed to have been notified.Then you need to obtain a legally certified notice from the newspaper confirming that the notice was published as instructed.
4. 4 Submit your form Certificates of service of court documents. You will have to, as usual, take this form from the court and fill it out. You should also attach a legally certified newspaper notice to your completed form.

Warnings

• State laws may vary slightly from one state to another. Most of the information provided here is applicable in all states, but if you need to send a subpoena to someone, it would still be a good idea to check with the clerk, attorney, or justice officer to see if there are any additional restrictions or time limits for filing, except those listed in this article.