📊 Service of Process Requirements by State

Complete 2025 Reference Guide — Personal Service, Substituted Service, Service by Mail, and Publication Rules for All 50 States + DC

📊 50 States + DC ⚖️ Service Rules 📄 Quick Reference 📅 Updated 2025

📑 Quick Navigation

→ Understanding Service Methods → Northeast States → Southeast States → Midwest States → Western States → Federal Court Rules → Frequently Asked Questions

⚖️ Understanding Service of Process Methods

Every state provides multiple methods for serving legal documents, but the specific rules and requirements vary significantly from state to state. Before diving into the state-by-state reference, here is a quick overview of the primary service methods you will encounter: ⚖️

🔹 Personal service means physically handing the documents to the defendant. This is the gold standard and is valid in every jurisdiction. The process server identifies the defendant and delivers the summons and complaint directly to them. The defendant does not need to accept or read the documents — physical delivery in their presence is sufficient.

🔹 Substituted service involves leaving the documents with a qualified person at the defendant’s residence or workplace, typically followed by mailing a copy. This is available when personal service has been attempted and failed. Requirements for who qualifies, how many attempts are needed, and whether a court order is required vary by state. See our detailed substituted service guide.

🔹 Service by mail means sending the documents by certified mail, registered mail, or first-class mail (depending on the state). Some states allow this as a primary service method; others allow it only as a secondary option. Some require a signed return receipt; others do not.

🔹 Service by publication involves publishing the summons in a newspaper when the defendant cannot be located. This is always a last resort and always requires a court order. See our service by publication guide.

🔹 Service on the Secretary of State is available for business entities and, in some states, for non-resident motorists or defendants who have left the state. The documents are filed with the Secretary of State’s office, which forwards them to the defendant.

🚨 Important Disclaimer

Service of process rules are complex, frequently amended, and subject to local court rules that may differ from statewide rules. The information below is a general reference guide — always verify current rules in your specific jurisdiction, especially for the number of required attempts, specific timing requirements, and any local court rules that may apply. When in doubt, consult a licensed attorney in the relevant state. Before attempting service anywhere, confirm the defendant’s current address with a professional skip trace — serving the wrong address wastes time regardless of the method used.

🗽 Northeast States

State Personal Service Substituted Service Service by Mail Response Time
Connecticut By state marshal, constable, or indifferent person appointed by court Abode service: leave at usual place of abode. No specific attempt requirement Not a primary method for initial process 2 days before return date
Delaware By sheriff or specially appointed person, 18+ Leave at dwelling with person of suitable age/discretion residing there; plus mail Certified mail with return receipt for certain actions 20 days
Maine By sheriff, deputy, or court-appointed person Leave at dwelling with person of suitable age; plus mail First-class mail with acknowledgment for certain cases 20 days
Maryland By sheriff, private process server (in some counties), or person 18+ Leave at dwelling with resident 18+; or posting plus mail with court order Certified mail — primary method; personal service also available 30 days
Massachusetts By sheriff, deputy, constable, or court-appointed person Leave at last and usual place of abode; no specific attempt number required First-class mail with certificate of service for some actions 20 days
New Hampshire By sheriff, deputy, or person 18+ appointed by court Leave at abode with person of suitable age; or attach to door + mail Certified mail with return receipt for certain actions 30 days
New Jersey By person 18+, not a party Leave at dwelling with competent household member 14+; plus mail Certified mail with return receipt; or simultaneous ordinary mail 35 days
New York By person 18+, not a party CPLR §308(2): Leave with person of suitable age/discretion at dwelling + mail. §308(4): “Nail and mail” requires court order after due diligence First-class mail with acknowledgment under CPLR §312-a 20-30 days (varies by method)
Pennsylvania By sheriff or competent adult (with court approval in some counties) Leave at residence with adult family member; or at workplace with person in charge Certified mail, return receipt — accepted as primary method 20 days
Rhode Island By sheriff, deputy, constable, or appointed person Leave at dwelling with person of suitable age; plus mail Certified mail with return receipt for certain actions 20 days
Vermont By sheriff, deputy, constable, or person 18+ Leave at dwelling with person of suitable age residing there Certified mail with return receipt; first-class mail with acknowledgment 20 days
Washington DC By person 18+, not a party Leave at dwelling with person of suitable age 16+; plus mail Certified mail, return receipt for certain cases 21 days

🌴 Southeast States

State Personal Service Substituted Service Service by Mail Response Time
Alabama By sheriff, deputy, or person 18+ appointed by court Leave at dwelling with person of suitable age/discretion; plus mail Certified mail with return receipt requested 30 days
Arkansas By sheriff, deputy, or person 18+ appointed by court Leave at dwelling with person of suitable age residing there Certified mail — warning: deemed incomplete if returned unclaimed 30 days
Florida By sheriff, deputy, or certified process server Leave at usual abode with family member 15+ who resides there; inform them of contents Not a primary method for initial process on individuals 20 days
Georgia By sheriff, deputy, marshal, or person 18+ appointed by court Leave at dwelling with person of suitable age residing there; or at workplace Certified mail for certain actions; first-class mail with acknowledgment 30 days
Kentucky By sheriff, deputy, or person 18+ appointed by court Leave at dwelling with person of suitable age residing there Certified mail — primary method available; state-unique “warning order” procedure 20 days
Louisiana By sheriff only (generally) Domiciliary service: leave at dwelling with person of suitable age/discretion Certified or registered mail for long-arm service on non-residents 15 days (resident); varies for non-resident
Mississippi By sheriff, deputy, or person 18+ appointed by court Leave at usual abode with person of suitable age; plus mail in some cases Certified mail; service complete when receipt signed 30 days
North Carolina By sheriff, deputy, coroner, or person 21+ appointed by court Leave at dwelling with person of suitable age/discretion residing there Certified mail, return receipt — service complete on delivery date 30 days
South Carolina By sheriff, deputy, or person 18+ appointed by court Leave at dwelling with person of suitable age residing there Certified mail, return receipt for some cases; not primary method 30 days
Tennessee By sheriff, deputy, or person 18+ appointed by court Leave at usual abode with person of suitable age/discretion; plus mail Certified mail with return receipt — accepted as primary method 30 days
Virginia By sheriff, deputy, or person 18+ appointed by court Leave at usual place of abode with family member 16+ residing there Not a primary method for most individual service 21 days
West Virginia By sheriff, deputy, or person 18+ appointed by court Leave at dwelling with person of suitable age residing there; plus mail Certified mail, return receipt; first-class mail available 20 days

🔍 Verify the Address Before You Serve

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🌾 Midwest States

State Personal Service Substituted Service Service by Mail Response Time
Illinois By sheriff, deputy, or person 18+ appointed by court; private process servers allowed Leave at usual abode with family member/resident 13+; inform of contents Certified or registered mail for certain cases 30 days (e-filed); varies otherwise
Indiana By sheriff, deputy, or person appointed by court Leave at dwelling with person of suitable age; plus mail Certified mail, return receipt — accepted as primary method 20 days
Iowa By sheriff, deputy, or person 18+ (non-party) Leave at usual place of residence with person of suitable age Certified mail; personal service preferred 20 days
Kansas By sheriff, deputy, or person 18+ authorized by court Leave at dwelling with person of suitable age residing there Certified mail with return receipt — primary alternative method 20 days
Michigan By person 18+, not a party; or sheriff Leave at dwelling with person of suitable age; or tack + mail with court order Certified mail with return receipt; registered mail 21 days (personal); 28 days (mail)
Minnesota By person 18+, not a party; sheriff not required Leave at usual abode with person of suitable age residing there + mail First-class mail with acknowledgment form 20 days
Missouri By sheriff, deputy, or person 18+ appointed by court Leave at dwelling with person of suitable age 15+ residing there Certified mail, return receipt restricted — primary alternative method 30 days
Nebraska By sheriff, deputy, or person 18+ appointed by court Leave at usual place of residence with person of suitable age Certified mail accepted in many civil cases 30 days
North Dakota By person 18+, not a party Leave at dwelling with person of suitable age residing there; plus mail First-class mail with acknowledgment form 21 days
Ohio By sheriff, bailiff, or person 18+ (varies by court) Leave at usual place of residence with competent person; plus certified mail Certified mail, return receipt — standard primary method; ordinary mail also available 28 days
Oklahoma By sheriff, deputy, or person 18+ appointed by court Leave at dwelling with person 15+ residing there Certified mail with return receipt 20 days
South Dakota By sheriff, deputy, or person 18+ (non-party) Leave at dwelling with person of suitable age; plus mail Certified mail for some actions 30 days
Wisconsin By person 18+, not a party; sheriff not required Leave at usual abode with competent family member 14+; inform of contents First-class mail with acknowledgment; certified mail for some 20 days (personal); 40 days (publication)

🏔️ Western States

State Personal Service Substituted Service Service by Mail Response Time
Alaska By person 18+, not a party; or by mail Leave at dwelling with person of suitable age; plus mail Certified mail, restricted delivery, return receipt 20 days
Arizona By person 21+, not a party; or sheriff/constable; certified process servers Leave at dwelling/workplace with person of suitable age; document in affidavit Certified mail with return receipt for certain cases; court authorization may be needed 20 days (in-state); 30 days (out-of-state)
California By person 18+, not a party; registered process servers common CCP §415.20: After “reasonable diligence” — leave with competent member of household 18+ at dwelling, or person in charge at workplace; plus mail CCP §415.30: First-class mail with acknowledgment of receipt form (must be returned signed) 30 days (personal/sub-serve + 10 extra days for sub-serve)
Colorado By person 18+, not a party; sheriff or private process server Leave at usual abode with person of suitable age residing there; or with coworker at place of employment Certified mail with return receipt for some actions; court authorization often needed 21 days
Hawaii By person 18+, not a party; or sheriff Leave at dwelling or usual place of abode with person of suitable age; plus mail Certified mail with return receipt; restricted delivery 20 days
Idaho By sheriff, deputy, or person 18+ Leave at dwelling with person of suitable age residing there Certified mail with return receipt for certain actions 21 days
Montana By sheriff, deputy, or person 18+ Leave at dwelling with person of suitable age; plus mail First-class mail with acknowledgment 21 days
Nevada By person 18+, not a party; or sheriff/constable Leave at dwelling with person of suitable age 18+ residing there; plus mail Certified mail with return receipt for certain cases; court-ordered mail service available 20 days (in-state); 30 days (out-of-state)
New Mexico By person 18+, not a party; or sheriff Leave at dwelling with person of suitable age; plus mail Certified mail with return receipt — primary alternative method 30 days
Oregon By person 18+, not a party Leave at dwelling with person 14+ residing there; or at office with person in charge First-class mail plus certified/registered mail (dual mailing); primary method for many cases 30 days
Texas By sheriff, constable, or person authorized by court order; certified process servers TRCP Rule 106(b): Requires court order; leave with anyone 16+ at dwelling, or other court-approved method after sworn statement of failed attempts Certified mail, return receipt — available as primary method through court clerk Monday following 20 days after service (answer Monday)
Utah By person 21+, not a party; sheriff; or licensed process server Leave at dwelling with person of suitable age; plus mail. Must attempt personal service at least 3 times Certified mail with return receipt; court-ordered mail service 21 days
Washington By person 18+, not a party; or sheriff Leave at dwelling with person of suitable age residing there; plus mail Certified mail with return receipt for certain cases 20 days
Wyoming By sheriff, deputy, or person 18+ appointed by court Leave at dwelling with person of suitable age; plus mail Certified mail with return receipt for some actions 20 days

🏛️ Federal Court Service Rules — Rule 4

If your case is in federal court, Federal Rule of Civil Procedure 4 governs service of process. Rule 4 provides several options and incorporates state law, giving plaintiffs maximum flexibility: 🏛️

📋 Rule 4(e) — Service on individuals within the U.S. You can serve an individual by following the law of the state where the federal court sits, following the law of the state where service is made, delivering a copy personally to the individual, leaving a copy at the individual’s dwelling with a person of suitable age and discretion residing there, or delivering a copy to an agent authorized by appointment or by law to receive service.

📋 Rule 4(h) — Service on corporations and associations. Serve a corporation in the manner prescribed by Rule 4(e)(1) for individuals (i.e., following state law), or by delivering a copy to an officer, managing agent, or general agent, or to any agent authorized to receive service (plus mailing if the agent is not one designated by statute). See the business service guide for details.

📋 Rule 4(f) — Service on individuals in a foreign country. Service abroad can be accomplished through internationally agreed means (Hague Convention), by methods prescribed by foreign law, by mail requiring signed receipt, or by court-ordered methods. See the international service guide.

📋 Rule 4(d) — Waiver of service. In federal court, the plaintiff can send a request to waive formal service. If the defendant agrees and returns the waiver form, no formal service is needed — and the defendant gets 60 days to respond (instead of 21). Defendants who refuse to waive without good cause may be required to pay the cost of formal service.

📌 The Federal Advantage

Because federal Rule 4 incorporates state law methods while also providing its own independent methods, plaintiffs in federal court generally have more service options than plaintiffs in state court. If you are choosing between federal and state court and service of process is a concern (difficult defendant, uncertain address, out-of-state party), the additional flexibility of Rule 4 may tip the scales toward federal court.

❓ Frequently Asked Questions

Generally, you can use either the service rules of the state where the court is located (the filing state) or the rules of the state where service is actually being made (the service state). In federal court, Rule 4(e) explicitly allows either. In state courts, many states’ long-arm statutes specify permissible methods for out-of-state service. When in doubt, use a method that is valid under both states’ rules to avoid any challenge.
This varies significantly by state. Some states (like Louisiana) generally require service by the sheriff. Others (like California, New York, and Minnesota) allow any person 18+ who is not a party to the action. Texas requires either a sheriff, constable, or court-authorized process server. Many states also have licensed or certified process server requirements. The person serving the documents is never a party to the lawsuit — you cannot serve the papers yourself.
Refusal to accept does not defeat personal service. In every state, the process server can inform the defendant of the nature of the documents and leave them in the defendant’s presence — at their feet, on the ground near them, on the nearest surface, etc. As long as the defendant is informed that the papers are legal documents in a lawsuit and the papers are delivered to their immediate vicinity, service is complete regardless of whether they physically take the documents.
Never assume an address is current — people move frequently and may not update their records. Before sending a process server, verify the address through a professional skip trace that cross-references utility records, mail forwarding data, and other databases. This costs far less than multiple failed service attempts at a wrong address. Results delivered in 24 hours or less.
The tables cover the most commonly litigated jurisdictions. All 50 states follow similar general frameworks: personal service is universally available, substituted service requires some form of failed personal service attempts, service by mail availability varies, and service by publication is a last resort requiring court approval everywhere. For any state not listed in detail, check the state’s rules of civil procedure (typically Rule 4 or the service of process section) or consult a local attorney. A skip trace provides verified addresses regardless of which state the defendant is in.
This varies by state. Some states (like New York) prohibit service on Sundays. Others allow service on any day. A few states restrict service on certain holidays. Most states have no restrictions on the time of day for personal service. Check your state’s specific rules — serving on a prohibited day can invalidate the service entirely. If your state restricts Sunday service, plan your process server’s schedule accordingly.

📚 Related Service of Process Resources

📄 Substituted Service Guide 📰 Service by Publication 🏢 Serve a Business or Corporation 🎖️ Serve a Military Member 💔 Serve Divorce Papers — Missing Spouse 🌐 International Service of Process 🗺️ Serve Someone in Another State 🔍 Can’t Find Defendant to Serve 🏃 Serve Someone Avoiding Service 📝 Due Diligence Declaration 🚶 Skip Tracing for Process Servers ⚖️ Skip Tracing for Law Firms

📋 Disclaimer

This guide is for educational and informational purposes only and does not constitute legal advice. Service of process rules are complex, change frequently, and may be subject to local court rules that differ from statewide rules. The information presented here is a general reference — specific requirements in your jurisdiction may differ from what is described. Always verify current rules before attempting service. Improper service can result in dismissed cases and unenforceable judgments. Consult with a licensed attorney in the relevant jurisdiction for specific guidance. People Locator Skip Tracing provides investigative and skip tracing services to locate defendants and verify addresses — we do not provide legal advice, legal representation, or process serving. Information current as of 2025.