Must Service of Process be Performed by an Attorney?
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Summary
Most states require that in performing a service of process, the person serving a legal notice be a) over 18, and b) not a party to the action themselves, but most do not require that service of process be performed by an attorney. |
“I have a tenant that is refusing to pay her rent and is currently five months behind going on six. I had a friend serve her a “Three day pay or quit”.
In speaking with her, she said that it was not a legal service because it was not served by an attorney. Is she right that it was not a legal service, or is the service legal?”
I am unaware of any state which requires that service of process be served by an attorney. Most states only require that the person serving the notice be a) over 18, and b) not a party to the action themselves. That said, it’s not impossible that it’s different in the state where you live. You can easily find out by either calling a local law library, or your local sheriff’s department (sheriff’s often perform service of process).
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For more on this subject check out these categories: Landlord Tenant Law, Procedures, Property
Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
