Glossary
Service of process
Formally delivering the summons and complaint to the person being sued, in a way the court's rules allow, so they know about the lawsuit and can respond.
General information, not legal advice. Talk to a licensed attorney in your state.
Quick answer
Service of process is the formal delivery of court papers, usually the summons and the Complaint. The document that starts a civil lawsuit. It names the parties, describes what happened and says what the person suing asks the court to award. Glossary, to the person being sued. It has to be done in a way the court's rules allow, so the defendant knows about the lawsuit and has a fair chance to respond.
In a car accident claim#
Filing a lawsuit is only the first step; the case cannot move forward against a driver who has not been properly served. In federal court, any adult who is not a party can deliver the papers, and common methods include handing them to the defendant personally, leaving them at the defendant's home with a suitable adult who lives there, or delivering them to an authorized agent. Defendants can also agree to waive formal service. State courts have similar rules with local differences, and many people hire a professional process server.
Timing matters. In federal court, service must happen within 90 days of filing, or the court can dismiss the case against that defendant or set a new deadline. Once served, a federal defendant generally has 21 days to answer. The guide to filing a lawsuit explains these early steps, and how long a claim takes shows where they fit in the timeline.
Example#
Related terms#
Questions people ask
Can a lawsuit be served by mail?
Sometimes. Cornell's legal dictionary notes that mailing alone is usually not enough, but some courts allow mail service in certain cases or let the defendant sign a waiver. The court's own rules decide.
What if the at-fault driver avoids being served?
Courts can allow other methods, such as serving through an agent or by a method the judge orders. The details depend on the court and the state.
Sources
- Cornell Law School, Legal Information Institute, Service of process — meaning, delivery methods and waiver
- Cornell LII, Federal Rules of Civil Procedure, Rule 4 — who may serve, how to serve an individual, waiver of service
- Cornell LII, Federal Rules of Civil Procedure, Rule 12(a)(1)(A) — as of October 2026
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
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