How to Serve Someone Out of State
It is actually a common occurrence to need to serve a litigant that is out of state. Either the other party moved, or perhaps you have relocated. Maybe the other party has always been outside of your domicile state’s boundaries. Regardless of the reasoning, how would you go about serving that person or entity?
Again, this is common, so the local service processor in that state should have no problem taking care of the situation. Some statistics even state that almost a quarter of all serves made by process servers originate in other states. It does require more effort on the part of your chosen server, but the job is likely to be completed just as efficiently and professionally as any serve initiated in the same state.
Just remember, what is considered legal and proper service is truly dependent on the state where the case is filed, and the state where the documents are served. Service must be compliant with the laws of both in order to be legally sufficient.
Another factor is the type of matter the case pertains to. Motor vehicle accidents and real estate cases allow servers to lawfully serve defendants that reside outside of the state in which the case was filed. That said, in other cases, a process server may be unable to serve a witness or a defendant unless the plaintiff’s attorney files the case in the state where that individual lives.
All these factors will vary according to each state’s particular laws and procedures. Process of service may even differ from one county to another while still within the same state. That is why it is super important to know the rules of practice in the area where service must be made. For example, some states will not attempt service on Sundays or holidays. Some states accept service on a substitute party, while others don’t. Documents may be e-filed in one state while another state may require the in-person filing of stamped documents. These are all items that are critical to know.
This is why you need a local pro to answer all your questions. If you have any concerns about serving a litigant out of state, call Scott at Baton Rouge Process Servers. He’ll address your concerns and ensure that your papers get where they need to go.
Serving Litigants in Other Countries
International service, though it is a bit uncommon, is not unheard of. Just know that the laws and procedures of other nations greatly differ from those of the United States, and this must be respected, or service will fail. Try to find a process server that is familiar with international process serving instead of trying to understand the rules of a different country on your own. Also, be sure that the court in which the lawsuit was filed will accept such service of the documents before going to so much trouble.
Do your due diligence to ensure you are abiding by treaties, such as the Inter-American Service Convention or The Hague Convention, as they apply between the United States and the country where the person or entity will be served. You may need to ask permission to serve the defendant via a letter from your home court to the court presiding over the area of the country where the person to be served is located.
Other ways to conduct service internationally, besides in-person by an agent, include, certified mail, publication in a newspaper, and via social media. Each country has stringent and complicated laws, so contact Scott of Baton Rouge Process Servers at 1-337-254-8169 to learn more.