In the era of COVID-19, people are naturally concerned about any kind of personal contact, even if it is for official legal purposes. Despite these concerns, in-person service of process, also known as personal service, remains the gold standard among all types of service of process. With pandemic restrictions beginning to ease, there is an increasing return to personal service of process, and here are just a few reasons why:
- It is the preferred method of courts around the country
- While most courts put special provisions into place during the COVID-19 pandemic to enable social distancing, personal service is still the preferred method for service of process in every court across the United States. As quarantine and social distancing measures are rolled back, courts are once against returning to that gold standard. In places where pandemic provisions are no longer in place, you must seek personal service before attempting other types of service.
- You can easily confirm who received the summons and complaint
- A surprisingly persistent problem in delivering service of process is ensuring that the intended recipient is the one who receives it. Personal service has the benefit of ensuring that the intended recipient gets the summons and complaint. Without it, you run the risk of a defendant claiming they never received service, which can raise legal issues later on.
- You can avoid the complications of substituted service
- The potential legal problems with alternatives to personal service do not stop with difficulties confirming receipt of the summons and complaint. There are also numerous other legal hoops that you need to jump through before the court is willing to accept substituted service. By comparison, the requirements for personal service are quick and easy, making it preferable for anyone who wants to avoid potential headaches.
- There are fewer potential jurisdiction issues
- One potential problem that can arise when trying to bring a case in a defendant is establishing jurisdiction over the defendant. This can be especially problematic in cases where a defendant is not from the state where the case has been filed. However, so long as a defendant is given personal service in the state where the lawsuit is taking place, the court will have jurisdiction, avoiding this potential hurdle.
- It lets you focus on the substantive issues of your case
- The last thing anyone wants when they sue someone is to get bogged down in procedural issues. With personal service, you are much more likely to avoid these potential problems, allowing you to focus on the substantive issues of your case. That is why you should trust your service of process needs to professional process servers, who can help you to minimize potential problems with your case.
The process servers at Nicoletti & Harris have provided nationwide service of process and litigation support for our clients since 1986, giving us the experience to handle the demands of the modern legal environment. We provide service for all areas of law, assisting clients throughout New York, New Jersey, and Florida, as well as the rest of the country. If you require a process server or other forms of litigation support, contact our New York office at (212) 267-6448, or you can contact our New Jersey office at (732) 677-3903, or you can visit our contact page.
One thought on “Why is Personal Service of Process the Preferred Method?”
in addition to this, I think hiring a process service will give you a higher chance that the other party will receive the documents. Although, they are not 100% success rate the possibility is high enough to consider getting process services.