When you decide to take legal action against a person or organization through a small claims court, you must apply to the court. The party on the opposite side of the case, called the "respondent," must be notified of the case before it can proceed. The act of informing respondents about a case is commonly known as "delivering a summons."
Step
Method 1 of 5: Delivery Basics
Step 1. Know who can deliver the mail
If you are the applicant--the party responsible for opening the case--you are "not" allowed to deliver the summons. You should ask a third party unrelated to the case to do this for you.
- The person delivering the summons must be 18 years of age or older.
- The person must not have a direct interest in the case. In other words, the applicant or part of the respondent may not do so.
- You can ask a friend, relative, coworker, or other person you know if the person meets these ground rules. However, this person may need to be approved by the court first.
- Alternatively, you can hire a professional to deliver the summons. You can usually find these professionals listed under the name "Introduction to Processes" in the phone book or business register. Usually you can also ask the chief of police, high-ranking officer, or police to deliver a summons for a fee.
Step 2. Know who should receive the summons
If you are suing one person, all you have to do is deliver a letter to that person. If you are suing multiple people, you must deliver a letter to each person you sue.
- If you are suing a business partner, send a letter to one of the partners. Send it to both partners only if you are suing the business and partner separately.
- If you are suing the company, write to an employee of the company or their delivery agent.
- If you are suing your landlord, send it to the owner of the property you are renting.
- If you are suing the territory, write to the district officer.
- If you are suing the city, send it to the city officials.
- If you are suing the state, send it to the Attorney General's office.
- The respondent must be in the country where you are filing the lawsuit unless you are suing a property owner living overseas or a car owner/driver living overseas.
Step 3. Send the letter on time
The time limit for delivering summons may vary depending on the region, but normally, you must deliver the letter to the respondent at least eight days before your trial date.
- In some circumstances, you may need to deliver the letter up to 30 days before the trial date. For example, if you deliver a summons using a substitute delivery for someone who is overseas, you must do so at least 30 days before the trial date. Check with the court when you file a lawsuit to find out your deadline.
- Usually, summons can be delivered any day of the week except Sunday. Claims that include a protection order can be filed seven days a week and must be submitted 24 hours before the trial date.
Step 4. Find the location of the respondent
In most cases, there will be plenty of time between the date you file the lawsuit and the scheduled trial date. If you don't already know where the respondent is, you will need to find the party yourself or hire a process introduction to do it for you.
- If you cannot find the respondent, you must provide the judge with a written list of all the ways you have tried to find and deliver the letter to the other party. Include as much detail as possible, including the dates and places you visited to find the respondent.
- If you can prove you did everything possible to deliver the letter, the judge may set a new date for the case and ask you to try again, or he may give permission to deliver the letter by some other means (letters, substitutes, or publications)..
Step 5. Include all the required documents
When you file a lawsuit, there are several papers you will need to take with you when you leave the courthouse. Here is the letter you need to deliver the letter to the respondent.
- A “summon” or “order to show cause” tells the respondent to appear in court on a specific date.
- You will also need to provide a copy of the lawsuit you are filing.
- If there has been any provisional order, the letter must also be delivered to the respondent.
- Note that you will also receive a "Proof of Delivery" or "Delivery Afidavit" form, but these forms will not be delivered.
Step 6. Obtain and apply for “Proof of Delivery”
The "Proof of Delivery" form is a legal document that demonstrates to the court that you have performed your duty of properly delivering the summons. This form must be filled out after you have delivered the subpoena and given to the court before your case.
- The form must include the location and date the summons was delivered. You should also explain to whom the letter was delivered and provide a physical description of the person. The name and address of the person delivering the letter to the respondent must also be provided.
- Usually, this form must be deed. The person delivering the letter must sign it in front of a notary. However, respondents “no” need to sign the form.
- Give the original, completed form to the judge when you go to court. Note that in some areas, you must file the form with the court at least five days before your trial date. Also keep a copy of the form for your own archive.
Method 2 of 5: Private Delivery
Step 1. Provide a direct letter to the respondent
The presenter must provide a copy of your summons to the respondent in person. He or she should walk up to the respondent, state, "This is a subpoena," then hand the respondent copies of all letters related to your case.
- The respondent may refuse to accept the letter. If this is the case, the deliverer should leave the letter near the respondent and walk away. Doing this is already eligible, even though the respondent continues to reject the letter or throw it away.
- Private delivery is the preferred way of delivering summons and should always be tried before other means are used.
Step 2. Fill out the “Proof of Delivery” form
After giving the summons to the respondent, the introducer must fill out the required form and sign it before a notary. Then this form must be filed along with other documents at the courthouse.
Method 3 of 5: Part Three: Mail Delivery
Step 1. Pay the bailiff
In most areas, you can pay a court clerk a small fee to send a subpoena to a respondent by registered mail or first-class delivery, depending on which service is required for the type of mail delivered.
- The fees you pay are usually low and can be returned if you win the case.
- In some areas, mail delivery “must” be done through a bailiff and you will not be able to deliver the papers yourself. Check your own state laws regarding this type of delivery to determine the limits.
Step 2. Send the letter by registered mail
In some areas, you may be allowed to write to the respondent without going through a court clerk. If this is the case, the letters must be sent by registered or registered mail, and you must request a receipt.
- The receipt must be signed by the claimant's respondent.
- Note that registered mail is required when you deliver a case opening letter. If you deliver additional case-related mail after delivering the opening letter, you can usually opt for first-class delivery.
Step 3. Submit the “Proof of Delivery” form
If you pay a bailiff to send a letter, he or she must fill out a form. You may receive a copy and the bailiff will retain the original for the case file. If you live in a country that allows you to submit the letter yourself, you will need to fill out the form and file as usual.
Keep in mind that you will also need to include a signed copy of the receipt when you file the form with the court
Step 4. Understand the risks
While mail delivery can be convenient, there is a chance that a judge will not approve this mode of delivery unless strict guidelines are followed. In fact, about 50 percent of summons sent by registered mail were rejected.
- Judges must be able to read signatures on registered mail receipts. The signature must belong to the respondent and no one else.
- If the respondent refuses to sign the receipt with his full name, the receipt cannot be recognized as proof of delivery.
Method 4 of 5: Delivery to a Substitute
Step 1. Know who else you can deliver the summons to
If the delivery person has done everything in his power to deliver the summons directly to the respondent and has not succeeded in doing so, your delivery person may submit the summons to a party who can legally receive it on behalf of the respondent.
A competent adult, aged 18 years or older, who lives in the household with the respondent can usually receive the summons. Just as an adult who appears to have authority at the respondent's workplace or an adult who appears to be in authority at the place where the person receives the letter can usually receive a summons as well
Step 2. Instruct a replacement
When giving a subpoena to a substitute, your introduction should inform the substitute of specific instructions regarding the subpoena and what needs to be done with it.
- Make sure the surrogate knows that he or she received a subpoena for a specific person. The name of the respondent must be provided, and a substitute must be notified to provide the summons to the respondent.
- Get the replacement person's name when you leave the summons. If the surrogate refuses to provide a name, write a thorough physical description of the surrogate.
Step 3. Send another copy
When you deliver subpoenas by alternate, you must also send one more copy of all summons by first class delivery. Address the package to the respondent.
You need to send the letter to the same address where the delivery person submitted the summons
Step 4. Fill out the “Proof of Delivery” form
After that, the delivery person must fill out the "Proof of Delivery" form as usual. In addition, the "Proof of Delivery (Substitute Delivery)" form must also be completed by the substitute.
- Get both forms from the introduction after he/she fills them out. File both simultaneously at the courthouse on or before your trial date.
- Include a postal receipt with your form indicating that you have sent a second copy of the summons by mail.
Method 5 of 5: Delivery via Publication
Step 1. Use this as a last resort
Submission through publication may only be possible if you have a written court order granting you permission to use this method.
This mode of delivery is very rare. Chances are, you will only be allowed to use this type of delivery if you have tried to deliver the summons by other means to no avail
Step 2. Get the “Order for Publish
“This is the name of the official court order that allows you to use this method of delivery. You must file an “Application for a Subpoena for Publication” and a “Declaration of Due Diligence” statement to the court to obtain the order.
- This declaration is only a statement regarding the efforts that have been made to deliver summons to respondents.
- Tell the judge everything you know about where the other party might be. If you can prove to the court that the other party cannot be found, even though you know where the respondent should be, the judge may consider your request.
- If the judge grants your request, he or she will order the notice to be published in a newspaper the judge chooses for the order.
Step 3. Get sworn statements from newspapers
After the notification is published in the newspaper for a period of time determined by the judge, the summons is deemed to have been delivered. The newspaper then needs to provide a sworn statement certifying that publication has been carried out as ordered.
Step 4. Submit your “Proof of Delivery” form
You will still need to fill out and file this form with the court as usual. The court will also attach a sworn statement from the newspaper to complete the form.
