Washington D.C. Process Server

$159 Routine - $209 Rush

In Washington, D.C., the process of serving legal documents is governed by a set of specific rules and procedures. Here’s a summary of the main rules for serving process in Washington D.C.:

1. Who Can Serve Process:

  • Adults: A person who is 18 years old or older and is not a party in the case can serve process.
  • Process Servers: Licensed professional process servers can be hired to serve legal documents.

2. Types of Process:

  • Summons: Issued to notify the defendant of a lawsuit.
  • Complaints: The actual document outlining the plaintiff's case.
  • Other Documents: Subpoenas, motions, or other documents related to the case.

3. Methods of Service:

  • Personal Service: The most effective method. Documents are handed directly to the defendant or party to be served. If they refuse to accept, the server can leave the documents at their feet, door, or a nearby location.
  • Substituted Service: If personal service is not possible, documents may be left with someone of suitable age and discretion at the defendant’s residence or business. This person must be someone who lives or works at that location.
  • Service by Mail: In some cases, documents can be mailed by certified mail, return receipt requested. This is commonly used when the defendant’s whereabouts are known.
  • Service by Publication: In cases where the defendant cannot be located, service may be done by publishing a notice in a local newspaper. The court must approve this method.

4. Time for Service:

  • Civil Cases: The defendant must be served within 120 days after the complaint is filed.
  • Defendant’s Response: After service, the defendant generally has 21 days to file an answer to the complaint.
  • Special Rules for Domestic Relations: There may be specific rules regarding service in family law cases, such as divorce or custody matters.

5. Proof of Service:

  • After serving the documents, the process server must complete an Affidavit of Service or Proof of Service. This document confirms the time, date, and manner of service and is filed with the court.

6. Service on a Corporation or Government Agency:

  • For corporations, service must be made on a registered agent or officer of the company.
  • For government entities, service must be made according to specific rules for serving federal or local government offices.

7. Waiver of Service:

  • A defendant may waive service of process by voluntarily accepting the documents in writing, thereby beginning the timeline for responding to the lawsuit.

8. Service on Minors or Incompetent Persons:

  • Service must also be made on the guardian or another representative in these cases. Special rules apply when serving legal documents on minors or incapacitated individuals.

9. Eviction and Landlord-Tenant Cases:

  • Specific rules apply to eviction notices, including how they should be served and the timeframes involved. These often require specific notices to be provided in person or posted.

10. Failure to Serve:

  • If the defendant is not served within the required time frame, the case may be dismissed, or the plaintiff may request an extension or pursue other means of service.