Kentucky State Process Service

$159 routine - $209 Rush

In Kentucky, the service of process refers to the delivery of legal documents (such as complaints, summons, subpoenas, and other court documents) to inform a party about a legal action being taken against them. Kentucky follows specific rules for service of process, outlined under the Kentucky Rules of Civil Procedure (CR 4). Here are the key aspects:

1. Who Can Serve Process

Sheriff or Deputy Sheriff: A sheriff or deputy sheriff in the county where the defendant resides, or where the business entity is located, can serve the process.
Private Process Servers: Private individuals who are at least 18 years old and not involved in the case can serve process. They must be authorized by the court or by the attorney in charge of the case. This includes licensed process servers.
Attorney: An attorney representing a party can also serve the process.

2. Methods of Service

Kentucky allows several methods of service, depending on the circumstances:

Personal Service: The preferred method of service is delivering the documents directly to the individual defendant. This can be done at their home, workplace, or any other location.
Substitute Service: If the defendant cannot be found, documents can be delivered to a person of suitable age and discretion at the defendant's residence or place of business. The person must be informed that the documents are for the defendant.
Service by Mail: Service can also be done by sending the documents by certified mail with return receipt requested. This is often used when personal service is difficult or not possible, but the defendant must sign for the receipt of the documents.
Service on a Corporation: A corporation or business entity can be served through its registered agent or officer.
Service by Publication: If the defendant's whereabouts are unknown, a court may allow service by publishing the notice in a local newspaper. This method requires a court order.

3. Time Limits for Service

Timing: The documents must be served within 120 days of filing the complaint. If service is not made within this period, the case may be dismissed unless the court grants an extension for good cause.

4. Proof of Service

After serving the process, the person who served it must file an affidavit of service with the court. This document serves as proof that the service was completed and includes the details of how, when, and where the service took place.
If service is done by mail, the return receipt must be filed with the court to confirm receipt by the defendant.

5. Special Rules for Certain Parties

Minors and Incompetents: If the defendant is a minor or an incompetent person, service may need to be made to a guardian or a representative.
Government Entities: Service on state or local government entities often requires serving the appropriate agency or representative, such as the Attorney General in cases involving the state.

6. Constructive Service

In situations where the defendant is evading service or their whereabouts are unknown, the court may grant permission for constructive service, which is typically service by publication. A court order is necessary for this type of service.