The step that makes a lawsuit real. Defective service can void everything that follows.
Esshaki Legal Media TeamCurrent as of March 2026
Service is the formal delivery of the summons and complaint that gives a court
authority over the defendant and starts the clock to respond. It is technical,
and defects are consequential.
Methods vary by jurisdiction and by defendant. Personal delivery is the
baseline. Companies are typically served through a registered agent or an officer.
Substituted service — leaving papers at a residence with a suitable person, or
service by mail, publication or electronic means — is generally permitted only
in defined circumstances and often only with court permission after diligent
attempts.
Why it matters. A judgment entered without proper service is vulnerable to
being set aside, sometimes long afterwards. Defendants who discover a default
judgment often succeed on that ground alone.
Deadlines. Rules typically require service within a set period after filing,
with dismissal as the sanction for missing it absent good cause. And the response
period runs from service, not from filing.
Waiver. Many systems allow a defendant to waive formal service, often with an
incentive of a longer response period. Waiving service does not waive
jurisdictional objections, which is worth knowing on both sides.
For companies: keep the registered agent current. Service on a lapsed agent
is the most common route to a default judgment nobody knew about.