Notice

Question 1

What is required of a notice? (as usual)

Answer 1

1. Constitutionally sufficient (Due Process)
2. Meet any state statutory requirements

Question 2

Who can serve process? When?

Answer 2

-Any 18+ person who is not a party
-Within 90 days of filing a complaint

Question 3

How are natural people served?

Answer 3

1. Deliver to D personally
2. Leave at D’s dwelling or usual place of abode with someone of suitable age and discretion who resides there
3. Deliver to agent of D authorized by appointment or law
4. If D is completely unknown, newspaper may be sufficient

Question 4

How are corporations served?

Answer 4

1. Deliver to officer, manging agent, or general agent
2. Delivered to an agent appointed by law
3. Serve under state rules for corps.

Question 5

What does a waiver of service entail?

Answer 5

-An attorney can just accept a complaint, or you can make a waiver by appearance
-P can send a copy of the waiver form, complaint and prepaid envelope.
-D have a duty to avoid the costs of formal service, if they don’t return the waiver they have to pay the costs of formal service, including attorney fees for collection
-D gets 60 days for answer instead of 21 day after request was sent. (NB: not complaint). [4(d)(3)]