Service Frequently Asked Questions

When a court case begins, it’s important for both sides to know about it and receive official forms. This is called “service of process” or just “service”. You are required to give, or “serve” a copy of every form you file with the court to every other person involved in the case. These forms tell them about the case and their rights. You must say when you gave them the copies and how you gave them the copies.

You should call the clerk or court where you are going to be filing your forms. Be sure to ask them if they can tell you what your service options are, what the cost is for each of those options, if their court requires anything special, and if they recommend anything.

Sheriff Service – You should contact the civil sheriff and be sure to ask any questions about how many copies they need. This might be the easiest option, but it may cost more up front. If you choose Sheriff Service, you can always choose it again if you need to serve more forms for your case and you will not have to pay again.

Certified Mail – You can serve the court forms by paying to have them sent by certified mail. The clerk will ask you to complete the green Certified Mail card. You will have to write the name and address of the person you are serving on the green Certified Mail card. The clerk will then serve the court forms by Certified Mail. Certified Mail ensures that the court forms have been signed for and received by the person you are serving. Certified Mail usually costs less than Sheriff Service but you will likely have to pay each time you serve something by Certified Mail.

Some courts might have trouble reading the name of the person signing the Certified Mail card. Also, sometimes the person you are trying to serve by Certified Mail will not answer the door when the postal carrier delivers the mail. If they don’t answer, the Certified Mail may be taken back to the post office and the other person may not go and pick it up. The court might make you serve the forms again, but use a different type of service.

Private Process Server – If the person you are serving is difficult to find, or has a history of avoiding service, you may need to hire a private process server. A private process server will find the person you are trying to serve wherever they are. This is an easy process, but it will likely be the most expensive and has to be paid for each time it is used.

It may be hard to find the person you are trying to serve, but you have to show the court that you really tried. If you cannot find them, make sure you have proof that you really looked for them. This might mean searching social media and using other online resources. The court might allow you to serve your forms by publishing them in a newspaper.

When you talk to the court and clerk in your county be sure to ask them where you can publish legal notices. This might be a local newspaper or website. Once you know where to publish the forms, you will need to contact that newspaper/publication. Ask them what you need to do, how much it will cost, how long the notice will be published, and what will happen after the notice has been published. The court cannot do anything on your case until the notice is done being published, which is usually around three weeks. You may need to tell the court after the notice is done being published.

If you don’t know the address of the person you’re serving, follow the information in “How do I serve my court forms when I don’t know the address of the person I’m serving?”.

If you do know the address of the person you’re serving and you are filing forms in a case that is already opened, you can use the service options listed in “How do I serve my court forms when I know the address of the person I’m serving?” (Sheriff Service, Certified Mail Service, or Private Process Server). If you have already paid for Sheriff Service in this case, you can continue to choose Sheriff Service and you won’t have to pay for it again.

There is also another way to serve the person if you’re filing forms in a case that is already opened.

First Class U.S. Mail – You can serve the court forms by placing them in an envelope, with enough stamps, and sending them through the mail. Contact your post office if you need help knowing how to use First Class U.S. Mail. This will likely be the easiest and cheapest way to serve if you haven’t already paid for Sheriff Service in this case.

If you’ve read all of the information above and followed the instructions but you still have questions, you can call the ILAS Hotline at: (317) 527-0552