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How to Move a Personal Injury Suit Forward With Pro Legal's Service of Process

How to Move a Personal Injury Suit Forward With Pro Legal's Service of Process

If you’re filing a personal injury lawsuit, particularly in Minnesota, one of the key steps in moving the case forward is proper service of process, which means you are officially notifying the defendant about the lawsuit. Whether the case is about a slip and fall or medical malpractice, you need to follow the correct steps for the case to go smoothly. 

That’s where Pro Legal comes in. 

Our service of process for personal injury cases is a professional way to ensure your documents are handed off to the correct person in a timely fashion. Pro Legal has assisted our clients with service of process throughout the state of Minnesota since 1995, and we have the knowledge to serve anywhere. 

Let us explain how this situation works and how we can help. 

Understanding Service of Process

Service of process ensures the defendant receives legal notice of the lawsuit against them. 

This typically involves a summons and a complaint to the defendant. Minnesota law strictly states that proper service methods must be followed, or your case could be delayed or dismissed. 

Therefore, it is in your best interest to hire someone like Pro Legal to ensure your defendant receives their documents in a legal and timely fashion.

How Pro Legal Can Help

While the requirements for who can serve legal papers are not very strict, hiring a professional process server is the right way to go. 

  • Pro Legal will send our process servers to deliver the papers to the proper person, document the attempts, and then immediately return the Affidavit of Service back to you to file with the court. 

  • Or Pro Legal can file the proof of service for you. We are an unbiased third party in your case, which makes us the best option for reliable, timely, and efficient service of process.

Our team provides constant communication with ease-to-access technology so you can monitor the status of your request. We also provide e-filing and courthouse delivery services as needed.

Acceptable Method of Service (in Minnesota)

There are a few acceptable methods of service in Minnesota. Pro Legal will use these methods to deliver your documents and ensure proper service of process. 

  • Personal service: Completed by a process server or sheriff and involves handing the defendant the papers directly. 

  • Upon an individual: Personal service can be completed upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual's usual place of abode with some person of suitable age and discretion then residing therein. Suitable age in Minnesota is 14.

  • Service by mail (only with the defendant’s agreement): The defendant must sign a form acknowledging the receipt of the documents, and if the defendant does not respond, another method must be used. 

  • Service by publication (if the defendant cannot be found): If the defendant is evading service, a court may allow a notice via publication in a newspaper. This is usually a last resort. 

Proof of Service & Filing With the Court

Once the defendant has been served, Pro Legal’s process server will complete an Affidavit of Service. This affidavit must be filed with the court to confirm the defendant was properly notified. 

The case can only proceed after proof of service is on record. 

What Happens If the Defendant Avoids Service?

Sometimes, a defendant who knows they are going to be served will attempt to avoid being found. In this case, the plaintiff may request alternative service through the court, as we mentioned earlier. 

  • If personal delivery is not possible, we may pursue substituted service or service by publication. 

  • If a defendant continues to avoid service, the court may enter a default judgment if they fail to respond. 

Next Steps After Service of Process

Once served, the defendant has 20 days to respond to the lawsuit. 

The case proceeds to discovery and pretrial motions if they file an answer. If they do not respond, the plaintiff may seek a default judgment. 

Contact Pro Legal Today for Personal Injury Process of Service

Proper service of process is crucial to moving your personal injury case forward in Minnesota. A professional process server like Pro Legal can help ensure compliance with state laws and avoid unnecessary delays

Pro Legal provides many process services, skip tracing, and courthouse services. We continue to embrace changing technology in the legal world to help move cases along faster and document everything digitally to keep better records for our clients. 

We also offer email replies within three minutes or less! Request service today by filling out our convenient online form! 

Question? Contact us online!