GENERAL INFORMATION / F.A.Q.

PLEASE NOTE: The Office of David A. Bacharach is NOT a law firm. The Office of David A. Bacharach is NOT qualified to offer legal advice. The information offered here is general information and is not intended to be, and should not be construed as, legal advice.

The Office of David A. Bacharach encourages all individuals who are facing a legal matter, those who believe they might be, and/or individuals who have legal questions to contact an attorney authorized to practice law in your area. Please revisit our Terms of Use or Contact Us for more information.

What is Process Serving (or the Service of Process)?

If someone is trying to serve me, does that mean that I am being sued?

I think someone is trying to serve process on me, what should I do?

I came home one day and found legal papers stuck to my door, does that ‘count’ as being served?

I calmly and nicely told the process server that I was refusing to accept the documents… but he told me I was served anyway and dropped the papers in front of me. Does that ‘count’ as good service?

I was just served with a subpoena and the process server also gave me a check (or cash)…what is that all about?

I was just served with legal papers and I have no idea what they mean…what should I do?

Why are you giving out this information? Wouldn’t it be better for you if people don’t know this stuff?

I have legal papers that I need served, can I just serve them myself?

Is your job dangerous?

Can I join your team of Process Serving / Legal Support SpecialistsTM?

Is The Office of David A. Bacharach licensed? Are you insured?

Q:

 What is Process Serving (or the Service of Process)?

A:

 It is the communication of a formal writing (issued by authority of law) to an individual or business, either by actual delivery, or by other methods, so that the individual or business is furnished with reasonable notice of the proceedings against him or her and can therefore appear and be heard.

In very basic terms: It is how you find out that you are being sued, who is suing you, what they are claiming, where the law suit has been filed, and lots of other important information that you need, and probably want, in order to be able to defend yourself.

Back to top

Q:

 If someone is trying to serve me, does that mean that I am being sued?

A:

 Not necessarily.

Sometimes, we actually serve people with good news (like when we let them know that they are named in somebody’s Last Will and Testament or that a case has been settled and they are due a portion of the settlement).

Sometimes we serve people as a “Non-Party” or “Non-Party Witness”. This means that you are not a party to the law suit but that one side or the other, or maybe both, believe you have some information or knowledge that could be helpful in their case.

There are many different types of legal documents that get served (Summons, Summons and Complaint, Subpoena, Subpoena Duces Tecum, Subpoena Ad Testificandum, Order, Order to Show Cause, etc.) Each document contains different information and requires a different response.

It is important to realize that most documents that are served require some type of response. Failure to respond often results in some form of punishment or liability.

It is also important to realize that service of process can be accomplished in several different ways (see below) so while you may believe that you successfully ‘avoided’ service, or that you were never served, the court may already have all the proof it needs that you were, in fact, served and your failure to respond could mean bad news for you.

Back to top

Q:

 I think someone is trying to serve process on me, what should I do?

A:

 Well that is entirely up to you and our answer may be somewhat biased. If you read through some of these questions and answers, you will see that the law is usually on the side of the process server. You will also see that there are many ways for process to be served so there isn’t all that much you can do to avoid it. You will also see that the service of process is actually meant to give you the opportunity to learn about the details of the case against you and to defend yourself. We would suggest that you accept service so as to get the information you need and then contact an attorney. If you choose, you could call an attorney first and then have the attorney arrange for the process to be served.

If you try to avoid service, good luck. If the opposing side hires us to serve you, you will need all the luck you can get. But in general, you are not doing yourself, or your defense, any favors by avoiding the legal process. With that said, again, what you do is entirely up to you.

Back to top

Q:

 I came home one day and found legal papers stuck to my door, does that ‘count’ as being served?

A:

 It sure does.

As you will note in the definition of Process Serving (see above), there are several methods for successfully serving legal documents.

One method is ‘Personal Service’ (papers for Mr./Mrs. ‘X’ are given to Mr./Mrs. ‘X’, personally).

Another method is ‘Substituted Service’ (papers for Mr./Mrs. ‘Y’ are given to Mr./Mrs. ‘Z’ –the husband, wife, brother, daughter, friend, room mate, etc. of Mr./Mrs. ‘Y’ ).

Another method is known as ‘Nail & Mail’. This method means that the process server tried several times to find Mr./Mrs. ‘A’ at the given address and nobody ever answered the bell or the door. After a certain number of attempts, the process server then “nails” a copy of the papers to the door and then “mails” an additional copy to the given address.

It is important to realize that there are still more ways to legally serve papers (by mail, by publication in a newspaper and, in a recent case, service via e-mail!) The law usually favors the process server so just because you may think you successfully avoided service, don’t be so sure!

Back to top

Q:

 I calmly and nicely told the process server that I was refusing to accept the documents… but he told me I was served anyway and dropped the papers in front of me. Does that ‘count’ as good service?

A:

 It sure does.

As mentioned in the previous answer, the law usually favors the process server. There are always going to be people who don’t want to accept what we are serving on them. Therefore, it is important to realize, it does not matter whether you accept service or not. If we find you, we can legally serve you. If you refuse to take the papers in hand, we can drop them in front of you and tell you that you are served. If you slam the door in our face we can yell through the door that you are served and service will be good. The point is, we are just trying to do our job, and the law is usually on our side, so why not make things simple, and accept the papers like a responsible, law-abiding, adult?

Back to top

Q:

 I was just served with a subpoena and the process server also gave me a check (or cash)…what is that all about?

A:

 The money you receive with a subpoena is called a Subpoena Fee. Some courts and some subpoenas require that a fee be given to the person served to cover the costs involved in getting to the court or in sending the required documents to the court. That money is yours to keep and do with what you please. (See, sometimes it pays to get served!)

Back to top

Q:

 I was just served with legal papers and I have no idea what they mean… what should I do?

A:

 Legal Documents are often filled with lots of ‘legalese’ or ‘lawyer talk’. Often times if you read through it (get comfortable, sometimes it seems like these lawyers get paid by the word) you should be able to make out the important details. Your safest bet would be to contact a lawyer and have them read the documents and explain them to you. As discussed in one of the other answers on this page, legal documents served on you often require you to take some action or respond in some way. If you don’t respond, you could face penalties, fines, even imprisonment.

Back to top

Q:

 Why are you giving out this information? Wouldn’t it be better for you if people don’t know this stuff?

A:

 Please read our Mission Statement.

Back to top

Q:

 I have legal papers that I need served, can I just serve them myself?

A:

 Not usually.

You CAN NOT serve process yourself if you are a party in the case.

Also, New York City requires that you be licensed to serve process if you serve 5 or more papers a year in New York City.

In addition, it is probably not a good idea to try and serve papers yourself, whether you are allowed to or not. You may not be familiar with the laws governing the service of process in your area. You may not have, or know how to fill out, an appropriate affidavit of service.

It would also be easier for the opposing side to claim bad service or no service if the papers are served by a non-licensed, non-professional.

You don’t have to hire our office but we do recommend that you use a licensed, professional, trustworthy process server. In some areas you can also try contacting a sheriff to serve your papers. For the record though, our office was recently hired by a woman who had tried using a sheriff first, but he returned the papers and said he could not get the job done. (For the record, our office DID get the job done).

Back to top

Q:

 Is your job dangerous?

A:

 It depends.

If you read our Process Serving- Code of Conduct you will see that we are just trying to do our job and certainly don’t look for trouble. Sometimes, though, the people we are trying to serve don’t react very well (they obviously haven’t checked out our FAQ) . We have been threatened with violence but we maintain our calm and try and explain that we are not looking for trouble and that no good will come from any violence (if anything, they will most likely face more legal documents, from our own attorneys, should they act on their anger). Our Process Serving / Legal Support SpecialistsTM know what they are doing and know when to push the situation and when to walk away.

Back to top

Q:

 Can I join your team of Process Serving / Legal Support Specialists TM?

A:

 Our team of Process Serving / Legal Support SpecialistsTM is the best in the business. To make the team you must pass a thorough background check and interview/screening process. You are welcome to inquire with our office but keep in mind that most who apply will not make the cut. In general, we prefer to train new servers using our own methods.

Back to top

Q:

 Is The Office of David A. Bacharach licensed? Are you insured?

A:

 Yes, we are licensed by the N.Y.C. Department of Consumer Affairs, License # 1095841.

Yes, we are insured for Errors & Omissions.

Back to top