Should I Accept Service of Process? A Guide for Attorneys & Individuals
In the legal world, the term “accepting service of process” is a common and practical professional courtesy. It’s a simple agreement to receive a lawsuit or subpoena directly, without making the other party go through the formal, often time-consuming, process of hiring a process server to find and serve you.
For attorneys, this is a routine part of the job. For individuals, it can be a smart way to handle a legal matter with less stress and more discretion. This guide explains what it means to accept service and why it’s often the best choice.
What Does it Mean to “Accept Service of Process”?
Accepting service means you voluntarily agree to receive legal documents that are intended for you or your client. You are acknowledging receipt of the documents without forcing the opposing party to prove they served you.
This is typically done in one of two ways:
- Email or Mail: An attorney might email you the documents with a “Waiver of Service” form to sign and return.
- Arranged In-Person Delivery: You can arrange for a process server or courier to deliver the papers to your office at a convenient time.
Crucially, accepting service is not an admission of guilt or liability. It is simply a procedural step that acknowledges you have received the lawsuit.
Why Accept Service? The Benefits for Attorneys & Clients ⚖️
If you are an attorney, accepting service on behalf of your client is standard professional practice. Here’s why it’s beneficial:
- It Saves Your Client Money: The opposing party will bill their client for the costs of hiring a process server. If you accept service, there is no need to hire one, which ultimately saves your client from having to pay those costs down the road.
- It’s a Professional Courtesy: It shows good faith to the opposing counsel and sets a positive, cooperative tone for the case. The legal community in Louisiana is small, and these courtesies matter.
- It’s More Efficient: It saves everyone time and allows the legal case to move forward to the important matters without unnecessary procedural delays.
What if You’re Not an Attorney?
If you are an individual and an attorney or process server contacts you to accept service, it is almost always in your best interest to cooperate.
- It’s Discreet: You can arrange to receive the papers quietly at your office or a neutral location, rather than having a process server show up at your home or workplace unexpectedly.
- It Gives You Control: You get to handle the situation on your own terms and on your own schedule.
- It Doesn’t Change the Outcome: The lawsuit will not go away if you refuse to accept service. A professional process server will eventually find and serve you anyway, so it’s better to get it over with quickly.
A Full Suite of Legal Support Services
Beyond facilitating the acceptance of service, we are a full-service legal support firm. Our team also offers expert skip tracing to locate hard-to-find individuals, dedicated courthouse runner services for filing documents in Baton Rouge, and professional delivery of Louisiana eviction notices.
How We Can Help: Your Partner for Professional Service
At Lafayette Process Servers LLC (operating as Baton Rouge Process Servers), we facilitate this process for law firms every day. We can act as the professional intermediary to deliver documents for acceptance of service.
Whether you need to arrange an acceptance of service or require a traditional process server for a more difficult case, contact us today.
⚠️ Disclaimer
This blog post provides general information and is not a substitute for legal advice. You should consult with a qualified attorney to discuss your rights and options regarding any legal matter.
📚 Sources & Further Reading
- Federal Rules of Civil Procedure, Rule 4: Outlines the legal standards for waiving service of process in federal cases. Link to Cornell Law School Legal Information Institute
- Louisiana Code of Civil Procedure: The official state laws governing service of process. Link to the Louisiana Legislature
- Lafayette Process Servers LLC (serving Baton Rouge): Your expert for all legal document delivery needs. Link to Baton Rouge Process Servers
