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Small Claims


7. Serving Small Claims Papers – Service of Process
After your small claims case has been filed, you must present a copy of that filing to all defendants in the case. This gives them official notice they are being sued and is called service of process. Your lawsuit is not complete without it.

By presenting the defendant with your claim, he or she will know what the case is about, how much you are suing for, and when and where the hearing will take place. You must file a Proof of Service form before your court hearing.

There are two basic methods for serving the defendant. The first, and least expensive method is by certified mail. However, it's also the least effective means of serving process. The reason is that the defendant must personally sign the letter. Otherwise, the case will be dismissed. It cannot be signed by someone living with the defendant, such as the person's roommate. In order to serve process by certified mail, you must have the court clerk do it on your behalf.

Small claims courts have reported that 50% of all attempts to serve process by certified mail fail. That's why the second method, personal service, is a more popular choice. With this method, someone over the age of 18, other than the plaintiff, personally gives a copy of the filed claim to the other party. Leaving the papers in the mailbox is not enough.

You can have a friend or relative serve the defendant personally. It's usually more effective to hire a sheriff, marshal or professional process server. If you win, the judge usually allows you to be reimbursed for the money you spent serving the defendant.

 
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