7 Things Every Evictions Paralegal Should Know About Service of Process
When it comes to eviction cases, accurate and timely service of process can make or break a landlord’s success in court. Paralegals play a pivotal role in ensuring that tenants are legally notified under strict jurisdictional rules—and that every detail is documented correctly.
From understanding state-specific service methods to meeting filing deadlines and preparing airtight affidavits, evictions paralegals need to handle all of the legal requirements with precision.
Here are 7 things every paralegal working with evictions needs to know to avoid case delays, prevent dismissals, and deliver for their clients.
1. Jurisdictional Specificity Is Key
The rules that govern service of process vary significantly by state, county, and even by specific court. This includes the required method of service (e.g. personal, substituted, certified mail, posting), who is authorized to serve (e.g. a sheriff, licensed process server, non-party adult), and the specific timeframes for service after filing and before the hearing.
Non-compliance with these rules is a common reason for dismissal of an eviction case, leading to significant delays and added costs for the landlord. It’s best to find a licensed or registered service provider who knows the rules in the jurisdiction of the person being served.
2. Proof of Service Is Non-Negotiable
The "proof" is just as important as the "service" of the affidavit itself. After service is completed, the server must prepare and execute an affidavit (or declaration) of service, detailing who was served, when, where, and how. This document must be accurately prepared and timely filed with the court.
Without a properly executed and filed affidavit, the court has no official record that the tenant was legally notified, and the case cannot proceed.
3. Understand the Different Service Methods
The hierarchy and requirements of various service methods in evictions cases:
Personal Service: Directly handing documents to the named tenant. This is often considered to be the most legally sound.
Substituted Service: Leaving documents with a competent adult at the tenant’s residence or place of business, followed by mailing (specific rules apply, such as relationship to tenant, age).
Posting & Mailing (so-called “Nail & Mail”): Posting documents on the property and mailing them. Usually a method of last resort, this often requires court permission or multiple failed attempts at personal/substituted service.
Certified Mail/Registered Mail: Some jurisdictions permit or require this method, often with additional requirements.
Choosing the correct method based on circumstances and legal requirements ensures validity and avoids future challenges.
4. The Importance of Timeliness and Deadlines
There are strict deadlines for when the summons and complaint must be served after filing, and when the affidavit of service must be filed with the court. These deadlines are often tied to the hearing date.
Missing service deadlines can result in the case being dismissed without prejudice (meaning it can be refiled, but it causes significant delays), or even with prejudice in some circumstances, forcing the landlord to start all over.
5. How to Handle Evasive Tenants
Some tenants actively avoid service of process. Paralegals need to understand what constitutes “due diligence” for attempting personal service in the jurisdiction, and when it’s appropriate to pursue alternative methods, such as substituted service or court-ordered posting.
Knowing the legal requirements for "reasonable efforts" prevents judges from dismissing cases due to insufficient attempts at service.
6. How Technology for Tracking and Communication Optimizes Workflow
Modern process serving platforms (like Proof Technology) offer real-time tracking of service attempts, GPS data, and direct communication with the server in the field. Affidavits should be made promptly after documents have been served.
This transparency eliminates the “black box” of traditional process serving, allowing paralegals to monitor progress proactively, troubleshoot issues swiftly, and provide immediate updates to attorneys and clients without making phone calls. It streamlines the entire process.
7. Preparation of the Service Packet
The paralegal is responsible for preparing a complete and accurate service packet for the process server. This includes the summons, complaint, all exhibits (lease, ledger, notice to quit, etc.), any required local forms, and clear instructions for the server regarding who to serve and at what address.
Unnecessary delays can be avoided by ensuring that the process server has all of the necessary documents without needing to ask for missing information.
For more information about service of process for evictions law firms, speak to an expert at Proof.
