The court acquires jurisdiction to hear a case when the summons
and complaint is served on the defendant. The Summons advises the
defendant to file a written response with the court within a
specified time, usually thirty days. The Complaint describes the
nature of the lawsuit.
Due to a large volume of process, allow the Sheriff a minimum of
two weeks to make a diligent effort to effect service. Usually,
three attempts at service will be made, one of which will be in the
evening if necessary. If the defendant is a natural person, service
by substitution may be on the third attempt by leaving a copy of the
summons and complaint with a suitable person at the service address
and mailing a copy to the defendant. If the defendant is an
artificial person (corporation, partnership, etc.), substitute
service may be made on the first attempt (due diligence is not
required.) The address for service must be the defendants usual
place of abode (residence), business or mailing address. If the
Sheriff cannot effect service after three attempts or it is
determined that the defendant does not live or work at the address,
a Not Found fee will be assessed and the process returned to the
plaintiff with a Certificate of Not Found/No Service explaining the
reason for non-service. If service is successful, a Proof of Service
is mailed to plaintiff indicating the date, time, person served and
method of service.
The Sheriff provides a cost effective, credible service and
successfully serves most defendants. However, the case is civil in
nature and the Sheriff cannot utilize criminal investigative tactics
such as stakeouts or computer inquiries (DMV, arrest records, etc.)
to serve process. If it is immediately apparent that the defendant
may be evading service, the Sheriff will No Service the process,
refund the fee deposit and return the documents to the plaintiff. In
this event, the services of a registered process server or a person
over the age of 18 years who is not a party to the action should be
considered.