How to Serve Someone Papers for Small Claims Court
Navigating the legal waters of small claims court can feel daunting, especially regarding the initial step of serving someone with a claim.
Once you’ve decided to pursue a small claims case against someone and you’ve notified the court of your intention, you have to provide the other party with timely notice of your claim.
But what paperwork is required?
Who is allowed to serve documents to the party you’re suing?
What rules and regulations have to be followed while serving?
If you're a small business owner, freelancer, or legal professional in the Twin Cities metro area, understanding this process is vital.
In this comprehensive guide, our Pro Legal experts walk you through the intricacies of serving papers, ensuring that your small claims court experience is as smooth as possible.
Small Claims Court 101
Before we venture into serving someone with legal papers, it’s important to understand what small claims court encompasses.
Designed for disputes involving small amounts of money or property, small claims court offers an informal and accessible forum for resolving conflicts without incurring the high costs of legal representation.
Small claims court handles civil cases between people or businesses involving non-criminal matters. Individuals have the ability to work with legal counsel or may choose to represent themselves without an attorney.
In the state of Minnesota, the maximum that can be claimed in small claims court is $15,000.
Why Choose Small Claims Court?
For many, small claims court is the preferred avenue to settle disputes due to its relative speed, simplicity, and cost-effectiveness.
Typical cases include:
- Breach of contract: Someone didn’t pay you for a service you provided, or as a landlord, a tenant stopped paying rent.
- Property damage: A neighbor’s tree fell on your property, and they refuse to pay for removal.
- Medical expenses: Someone ran into your vehicle but won’t pay the medical bills you incurred because of it.
- Disputes over services rendered: You’ve paid for a product or service that wasn’t delivered, or you’re a former tenant whose landlord won’t return your security deposit.
The Serving Process in Small Claims Court
Serving someone with small claims court papers is the crucial first step in any case. It’s also your legal responsibility.
Here’s what you need to know.
What Is a Process Server?
A process server is an individual who delivers legal documents to a defendant in a lawsuit. In Minnesota, a process server must be over 18 years old and not a party to the action. They must also provide proof of service to the court upon completion.
Trust professional process servers to always serve papers accurately, timely, and in accordance with all small claims court regulations.
What Is Improper Service of Process?
Improper service can lead to a dismissal of your case. The defendant has a right to know about the lawsuit and to be served within the guidelines set out by the court.
Any deviation from these guidelines, such as serving the wrong person or failing to follow specific state laws, can be considered improper service and will likely force your case to be thrown out.
How to Successfully Serve a Defendant
Now that we understand the importance of proper service, it’s time to dive into the steps you need to take to serve a defendant in small claims court proceedings:
- Identifying the Defendant: Before serving someone, you must know who you're looking for. This means you must have the correct legal name and address of the person you're suing.
- Complete the Required Forms: The forms required to start your small claims court case must be correctly filled out. These forms include a Statement of Claim and a Summons.
- Arrange for Service: You need to decide who will serve the defendant. This could be a friend over the age of 18 who is not a party to the case, but we recommend working with a professional process server.
- Serving the Defendant: Once you have the correct forms and a process server, the serving process begins. Lawsuit papers being served upon an individual must be made 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. Prima facie for suitable age and discretion in MN is 14.
It’s crucial to make every effort to ensure the service is completed correctly and to provide detailed follow-up and documentation to the court.
Small Claims Court Proof of Service
After the defendant has been served, you must file proof of service with the court. This is a document that states who was served, how the serving was completed, and when the serving took place.
Types of Proof of Service
The most common proof of service is an Affidavit of Service, a notarized statement from the process server. A Return of Service, completed by the process server, is another acceptable form of proof.
Most professional process servers, like ours at Pro Legal, will also use photo documentation and GPS-tracked locations as part of proof of service.
Delivering the Proof to Court
Once you have the proof of service, you must file it with the court. This officially informs the court that the defendant was properly served and that you can proceed with your small claims case.
This is an additional service that your pro process server can perform.
Benefits of Professional Service
While it is technically possible to serve someone with papers on your own with the help of a friend, the complexities of the legal process mean that professional help is often the preferable route.
Accuracy & Efficiency
Professional process servers are well-versed in the laws and requirements surrounding serving legal papers. This knowledge ensures that the serving process is completed accurately, efficiently, and complies with all statutes and regulations.
Peace of Mind
Hiring a professional relieves you of the stress and responsibility of ensuring the proper procedure is followed. It also guarantees that your case won't be vulnerable to any challenges based on improper service.
File & Serve Your Small Claims Case With Ease
Small claims court can be a powerful tool for resolving disputes, but it requires attention to detail and adherence to correct procedures. Serving someone with small claims court papers is not a step to be taken lightly, as it sets the stage for the entire legal process.
Let Pro Legal Support Services be your trusted small claims court service pros. With a commitment to flawless process serving, whether filing at the courthouse or serving the defendant, we ensure fast, accurate delivery of your documents every time.
If you’re an attorney, paralegal, business owner, or individual seeking expert process serving, request our rapid service today. Simply submit our request form, and our team will respond within two to three minutes.