How to Serve the Opposing Party

Published on 23 March 2025 at 14:10

The Summons will have this important information:

  1. Where the case was filed – (Example: Pulaski County)

  2. Who is involved – (Example: Plaintiff vs. Defendant OR Petitioner vs. Respondent)

  3. Deadline to respond – The person receiving the Summons has 30 days (not counting the day they got it) to file an Answer or Response to the lawsuit.

You can serve a lawsuit in the following ways:

  1. Certified mail, restricted delivery and signature confirmation (costs about $15.00);
    1. After served you will receive a Green Card return receipt in the mail.
  2. Sheriff (costs about $50.00);
    1. The Sheriff will fill out the Proof of Service form AFTER they server the opposite party.
  3. Process Server (costs about $65.00-$75.00).
    1. The Process Server will fill out the Proof of Service form AFTER they server the opposite party.

 

  • You CANNOT hand the Complaint/Petition and the Summons to the party you are suing! That is not proper service. 
  • You MUST serve the opposing party within 120 days of when the case was filed. If you do not serve the opposing party within 120 days then the case will be dismissed by the court for lack of service.

 

After you receive either the Green Card return Receipt or the Proof of Service paperwork

You MUST file the “Proof of Service” with the court no matter which type of service you do. 

The Proof of Service is included in the Summons paperwork and is typically on the second page. 

Important: If you serve someone using the Certified mail, restricted delivery and signature confirmation you MUST file the signed “green card” with the opposing party’s signature with the court. If you DO NOT then it is not proper service.

 

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