Can an lawyer who is representing a client us the united state postal service as a process server for ex par?

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  • 1 decade ago
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    I assume you are talking about service of the intial pleading in the case (usually a "Complaint" or a "Petition").

    Varies by state. In some states, service by mail is only allowed with court approval. An application for leave to serve by mail is supported by a showing that personal service was attempted and the defendant is avoiding service. If service by mail is approved, the court requires service by registered mail, restricted delivery. Whether the service you are questioning was proper or not can only be determined by checking the rules for the court where the action is pending (and maybe a state statute or two). This can also depend on whether the defendant is a natural person or a corporation. Some places allow service on a corporation by mail addressed to the corporations agent for service of process without a court order. You need to know the rules of the particular court of the particular state to know what you can particularly do.

    After the initial pleading, all states allow service of subsequently filed documents by mail or hand-delivery to any party who has appeared in the case. Some allow service by fax now. Service is made either to the party's attorney if he has one or directly to the party if he is representing himself.

    And who can make service also varies from state to state. In my state, an attorney can serve process. Most won't because it makes you a potential witness if service is contested, but it can be done. At worst, it is only awkward and a nuisance, but why do that if you can get the sheriff to serve the document for $35 plus mileage.

  • Carl
    Lv 7
    1 decade ago

    The laws on service of process vary from state to state. It also depends on the type of process being served. If you are serving the defendant with the lawsuit for the first time, then personal service is usually required. If the defendant has filed a response to the lawsuit, service of subsequent document by mail is the most common method.

  • 1 decade ago

    They can follow the code of civil procedure for the state. Usually states allow United States Certified mail or 1st class mail, if there is a valid mailing address for you. Otherwise they cannot use the mail.

    If they do have a valid mailing address, I believe (though you might want to look this up) that the court requires thirty days from the time it was mailed before they rule, and unless there are some extreme circumstances for you not getting the letter, they will usually rule against you.

  • 1 decade ago

    He can be a process server for unrelated cases, but not for a case in which he is participating in any capacity.

    Read the form that the process server required to sign and you'll see why.

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  • 1 decade ago

    This depends on the Rules of the Court in your state. The Rules determine what constitutes service and by whom.

  • Sure. They can serve you (or anyone) any way they choose. The trick is getting the one served to take the papers. If you use the mail, they would (I imagine) use certified letter, having the receiver sign for the letter. You have at that point, accepted the served papers. Tricky? Yep. Legal? You bet.

  • Anonymous
    1 decade ago

    I believe only on a federal level. Is this a federal case?

  • Anonymous
    1 decade ago

    If he's a good lawyer, sure, why not?

  • 1 decade ago

    Ethically speaking, no.

  • 1 decade ago

    no..

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