Service of Process

Question 1

Service of Process

Answer 1

A plaintiff must serve both the complaint and summons within 90 days of the filing of the complaint.

Question 2

Service on Individuals

Answer 2

A natural person can be served: (i) by personally service by a nonparty, (ii) delivery at defendant’s abode with a person of suitable age and discretion whom resides there, (iii) the defendant’s registered agent, (iv) mail with letter requesting defendant waive in-person service, or (v) any method prescribed by state law.

Question 3

Waiver of Service

Answer 3

A defendant can waive service of process. Service can be waived when plaintiff mails a notice and request to waive service to defendant and defendant executes and mails waiver form to plaintiff within 30 days (60 days for foreign country).

Question 4

Service on Corporations, Unincorporated Assoc., or Partnerships

Answer 4

A corporation, unincorporated association, or partnership can be served by server process (i) on an officer, (ii) managing or general agent, (iii) any other agent authorized by appointment, or (iv) any method authorized by state law.