George Simons
December 01, 2021
Summary: Are you wondering how the service process works? What is a certificate of service and why is it needed? Find out the answers in this post.
When you file documents with the court, it's a requirement that you provide copies of the same documents to the other party involved in the case or their lawyer. To verify that you've done this, the court requires you to attach a certificate of service at the end of the documents you file with the court.
A certificate of service can be a simple statement that says, "I have provided a copy of this document to the plaintiff/defendant on this particular date." It has to be signed by the other party involved in the legal matter or by their attorney.
Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.
When you file a document with the court, the other party in the case has to know that you've filed and responded to it accordingly. For instance, if you want to schedule a trial, you'll need to send a notice of hearing to the court and the other party involved in the trial.
Therefore, you'll need to attach a certificate of service with the notice of hearing to inform the court that you notified the other party about when and where the trial would take place. It's also possible to avoid all the paperwork involved when you use legal software like SoloSuit. This software compiles your answer and sends it to the court and plaintiff on your behalf.
Specific rules govern how you prepare and file documents with the court. These same rules apply when it comes to a certificate of service. For this reason, you'll need to adhere to the rules or risk losing the case due to improper service.
When you file a legal document via SoloSuit, an attorney reviews it to ensure it meets all the requirements for that specific case. This saves you time and money while giving you much-needed peace of mind.
Pick the right affirmative defense with SoloSuit.
You need to provide the other party with a copy of the summons from the court and the original complaint that you filed in court before the case begins. Otherwise, they won't be considered part of the case because they had no chance to respond.
A certificate of service is proof that you served the other party in the right way. In addition, it promotes fairness and orderliness in court cases.
When the case is ongoing, you need to serve the defendant with every motion you file to the court. You can do this by personally preparing copies of all documents and sending them to the defendant or using legal software like SoloSuit, and then filing the original documents with the court.
Remember that the court requires a certificate of service attached at the end of the original documents.
You can file a certificate of service in two steps:
Serve the other party or their attorney with copies of the documents you filed with the court, or let SoloSuit do it for you.
If a limited appearance attorney represents the other party, you'll need to ensure that both are served with copies of the documents you file with the court. But if the limited appearance attorney is no longer part of the case, you don't need to serve them.
After serving the other party or their attorney, you'll need to include the following in the certificate of service you present to the court clerk:
Use SoloSuit to respond to debt collectors fast and win in court.
If court papers aren't served the right way, the judge may have to suspend the case. Even if you include a certificate of service but the defendant wasn't served correctly, the case may be dismissed on the grounds of improper service.
For this reason, always ensure that you follow the correct procedure when serving the defendant. Here are a few basic rules to consider in the process:
A certificate of service isn't always required to file papers in court. For instance, if you're filing an original pleading, you don't need to attach a certificate of service.
An original pleading document can be in the form of a counter-complaint, third-party complaint, or initial complaint.
When you file the original pleading, the court will have to respond first and prepare a summons. After receiving the summons document from the court, you can then serve the other party with a copy of the summons and the original pleading.
Another situation where you don't need to provide a certificate of service to the court is when the other party is in default for failure to appear in court.
For instance, suppose you serve a defendant with an initial complaint and a summons from the court indicating where and when they should appear in court, and they fail to do so. In such a case, you don't need to serve additional court papers to them.
A certificate of service proves that the plaintiff/defendant sent a copy of court documents to the opposing party or their attorney. Failing to attach a certificate of service could create costly legal issues and hinder the progress of a case.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review
Do Debt Collectors Ever Give Up?
Can They Garnish Your Wages for Credit Card Debt?
How Often Do Credit Card Companies Sue for Non-Payment?
How Long Does a Judgement Last?
How Long Before a Creditor Can Garnish Wages?
How to Beat a Bill Collector in Court