What is considered to be proper service of process?

I was served a summons a few days ago in regards to a financial debt. However, I found it placed under the door of my residence with the request to be at a court hearing later this month. Because I wasn’t there and the fact that it was placed under my door, what are my legal rights in regards to these proceedings?

Asked on July 9, 2012 under Bankruptcy Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, service of the summons and complaint depending upon where the defendant resides can be done as follows:

1. personal service;

2. publication in a newspaper after a court order is obtained;

3. sub-service and mailing (for example roomate over 18 years of age is served for the defendant);

4. certified mail if service is out of state with return receipt.

The leaving of the summons under your door is not legal and proper service of the summons and complaint.

I suggest that you go down to the court house, pull the file and make sure that the process server's proof of service on you does not state that you were personally servd with those documents you found under your door.

 


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