Missouri Sample Letter for Service of Process on Defendants
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How to fill out Sample Letter For Service Of Process On Defendants?
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FAQ
The only difference in the above levels of service (Routine & Rush) is the start times; they all include the process server making up to three (3) attempts (Morning, Afternoon & Evening).
Service of process within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.
The summons shall be signed by the clerk, dated the day it is issued, be under the seal of the court, contain the name of the court and the names of the parties, and be directed to the defendant, stating the name and address of the plaintiff's attorney, if any; otherwise the plaintiff's address.
An official copy of the summons and petition must be sent immediately to a defendant's last known address, and it must include a copy of the Missouri Process Service, as well as the summons itself. The return receipt must be signed by the recipient only when the letter is sent by registered or certified mail.
There is no limit to the number of times a process server can visit you or come to your house to serve you documents. Each process server has their own rules as to how many times they will attempt to serve documents. In most cases, three attempts will be made, and at different times of the day and on different days.
54.20. (a) Within the State - Officer's Returns - Affidavits of Service. (1) Every officer to whom summons or other process shall be delivered for service within the state shall make return thereof in writing as to the time, place and manner of service of such writ and shall sign such return.
You can use a process where the server mails the defendant the papers along with a Notice and Acknowledgment of Receipt (form POS-015). Then, the defendant must sign form POS-015 and mail it back to the server so the server can file it with the completed Proof of Service of Summons.
Process servers are prohibited from trespassing on private property to serve process in nearly every state in the United States. Such incursions, no matter how innocuous, are considered not only invalid, but also illegal, and offenders may face penalties.
