Service Terms

• Written quote first. Every order begins with a written quote, issued as an invoice. Work begins only after the invoice is paid.
• Complete intake. Your order is ready to begin when we have payment, the documents to be served or filed, the information listed for that service below and, if we sent you our Pro Se Service Agreement, the signed agreement. A turnaround window cannot begin until the order is complete.
• Email. We communicate by email. Questions, returns and other documents are sent to the email address on your order. Please watch your spam and quarantine folders and reply to our questions promptly.
• One order, one scope. Each order covers the recipients, addresses, documents and services listed on its invoice. Anything else is a new order or an added charge, quoted in writing first.
• Business days. A business day is Monday through Friday, except federal holidays. A day on which the court, agency or local area where the work is done is closed, for example by weather or emergency, does not count for work that depends on it.
• Holds. If we need something from you, we ask by email and the order waits until you answer. Holds are governed by the Refund & Cancellation Policy.
• Stopping work. If you need us to stop, such as when a case settles or opposing counsel agrees to accept service, email us right away. A stop takes effect when the server or agent receives it. Service, a filing or another act completed before then stands, and the fees for the order remain earned under the Refund & Cancellation Policy.
• Effort, not outcome. Our fees pay for the work described in these Service Terms. We do not guarantee that a person will be served or found, that a court or agency will accept or issue a document, or that anything will happen by a given date.

We take instructions on an order from the person who placed it and from anyone that person or their organization names to us in writing, such as an attorney, paralegal or case manager at the same firm. We may ask a new contact, or a request that changes the recipient, an address, the scope or the billing, to be confirmed by a known contact before we act on it. We may rely on instructions that reasonably appear to come from an authorized contact. Please keep your email accounts secure and tell us promptly if someone is no longer authorized.

By ordering, you confirm that the service is requested for a lawful purpose. In addition to the Lawful Use section of the Terms of Service, you agree not to use any of our services:

• to locate or contact a person in violation of a protective order, a no-contact order or an address confidentiality program;
• to collect a debt in violation of the Fair Debt Collection Practices Act or a state collection law;
• to retaliate against a person for lawful activity, such as reporting a violation or filing a complaint; or
• for identity theft, fraud or any other criminal purpose.

We may ask for information or documents that confirm the purpose of an order, and we may decline or stop an order if we are not satisfied.

We arrange field work through independent process servers, notaries, couriers, local counsel and other agents in the place where the work is done. We select the agent for each assignment and remain your single point of contact for the order. Please send every instruction, question and concern to us, not to the agent.

Where a state or court requires a process server to be licensed, certified, registered or appointed, we arrange service through a server who holds that status. Where the appointment must be requested by a party or made by the court in your case, obtaining it is your responsibility, and we will tell you what it requires. Notarial acts are performed only by notaries commissioned in the state where the act takes place.

A return of service or affidavit is signed by the person who performed the service and states that person's name, because the law requires it. We do not otherwise disclose the identity or contact details of our servers and agents. Your agreement not to engage them directly is in the Terms of Service.

Served 123 carries commercial general liability insurance. A certificate of insurance is available on written request. Our insurance does not change the limitation of liability in the Terms of Service.

What is included. Each address is a separate service. Each service includes up to three diligent attempts at that address, made at different times of day and on different days where the law and the circumstances allow. We may stop sooner when more attempts would not help, for example when the address is vacant or does not exist, or the person has moved or is confirmed not to be there; the service is then complete. Our fee is for the attempts, not for a successful serve.

Turnaround. You choose the service level when you order. Windows are measured in business days, begin when we receive payment for a complete order, and measure the time to the first attempt, not to completion:

• Routine: first attempt within 5 to 7 business days.
• Preferred: first attempt within 2 to 3 business days.
• Next-Day: first attempt within 2 business days.
• Same-Day: first attempt the same business day, subject to local field coverage. Same-Day also carries a rush charge, from $100 per party, shown at served123.com/supplementary-costs.

An order that becomes complete after the day's cutoff time, or one that needs a special arrangement, may start the next business day. Remote, rural, restricted or hard-to-reach addresses can take longer, and your quote notes it when we know in advance. Windows are targets we work to meet, not guarantees.

What we need from you. The complete set of documents to be served, exactly as they are to be served; the full name of each person or entity to be served; each address; a description or photo of the person if you have one; any known schedule, gate code or access detail; and every deadline that applies, including any hearing, trial or appearance date. If a witness fee or mileage must be tendered with a subpoena, tell us the amount or ask us to include it in the quote.

Your papers. Send the papers electronically and we print the service copies; printing is charged when one packet is over 25 pages, as shown at served123.com/supplementary-costs. Do not send originals unless the law requires an original to be served. Any original you send is returned to you at your expense if you ask for it. If the court requires its own proof of service form, send it with your order; otherwise the return is prepared on a form that meets the requirements of the state where service was made.

How service is made. The server follows the law of the place where service is made and the rules of the court that issued the papers. Within those rules:

• Attempts are made only on the days and at the hours the law allows. Some states bar service on Sundays or certain holidays.
• Where the law allows the papers to be left with another person, such as an adult at the person's home or a manager at a business, the server may serve that way unless you tell us in writing, before the first attempt is made, that service must be personal.
• If the person refuses to take the papers, the server may leave them in the person's presence and tell the person what they are, where the law allows it, and the return will describe what happened.
• Posting, mailing, publication and other alternative methods are used only when a statute permits them for that kind of case or a court orders them, and only when you order them. They are quoted separately.
• We require our servers not to trespass, force entry, impersonate any official or person, or misrepresent the nature of the papers. A server may end an attempt and leave if it is unsafe or if a person present is threatening.
• A server may take photographs or recordings only where the law allows. We require our servers not to record a conversation where the law of that state requires everyone's consent and it has not been given.

Business and entity service. Service on a corporation, limited liability company, partnership or other entity is made on its registered agent or on another person the law authorizes to accept for it. If you do not give us the registered agent, we look it up in the public record of the state. If the entity is dissolved, unregistered or cannot be found at the address, we report what we found. Service on the same entity at more than one address is more than one service.

Workplaces. Service at a workplace is made discreetly and within the employer's access rules where the law allows it. An employer may refuse access or require an appointment; we will tell you when that happens.

Restricted locations. Prisons, jails, detention centers, military installations, hospitals, government buildings and similar facilities set their own rules for visitors and legal papers. Tell us about any such location when you order. We serve there on request, and the quote reflects what the facility requires, which may include an appointment, the facility's own staff, or a sheriff or marshal. Service on a foreign mission, a diplomat, or on tribal land is governed by special rules; tell us before you order and we will quote what is possible.

Coordinated and timed service. Where several recipients must be served at the same time or in a set order, or a person must be served at a set time or place, we quote the arrangement first. We will make reasonable efforts to coordinate the timing, but we cannot guarantee that every person will be present when attempted. A recipient not served in the coordinated attempt continues under the ordinary attempts for that address.

Specific times. You may ask for an attempt at a particular time of day, on a weekend, or in the evening. We pass that request to the server and follow it where field coverage allows. A request that requires a dedicated trip at a set time is quoted as a timed service.

Stakeouts. A stakeout is time spent waiting at or near an address to serve a person who is avoiding service. It is billed by the hour, in addition to the service, at the rate on the Supplementary Costs page, and only when you order it. A stakeout is part of an effort to serve papers. It is not surveillance or an investigation of a person's activities.

Eviction and landlord-tenant matters. We serve eviction notices and summonses under the law of the state and county where the property is located, including by posting where the statute permits it for that notice, unless you tell us in writing before the first attempt that posting must not be used. You are responsible for the type of notice, its contents, the notice period and how that period is counted, and any local requirement beyond state law. We do not perform lockouts, remove property, or perform any act that only a sheriff, marshal or other officer may perform.

Subpoenas and witness fees. Where a subpoena must be served with a witness fee or mileage, we advance the amount you approve on your quote and tender it with the subpoena. You are responsible for the amount being correct and for serving the subpoena early enough to give the notice the rules require. Service of a subpoena for documents does not include helping the recipient collect or produce them.

Returns and affidavits. When service is made, or when the attempts end without service as described under "What is included", we provide a signed return of service or affidavit of non-service. It is prepared from the server's report, signed by the server, and e-signed or notarized as the law of the state requires. It states the date, time, place and manner of each attempt. Photographs are taken where the law requires them or where the server is able to take them, and are sent to you with the return when they exist; they are not promised on every order. You are responsible for filing the return, unless the rules of the court require the server to file it.

Military status and defaults. A return states only what the server observed. We do not determine whether a person is in military service, and we do not prepare the affidavits or declarations needed for a default judgment, including the declaration of military status required by the Servicemembers Civil Relief Act. Those remain your responsibility.

Corrections. If a return contains an error in a fact we reported, tell us and we will correct and reissue it at no charge. We will not change a return to state anything other than what occurred.

Next steps. A new or corrected address, new or amended papers, another round of attempts at the same address, a different method of service, or a change of service level is a new order, quoted separately.

What is included. We prepare the papers the receiving state requires to issue a subpoena based on your out-of-state subpoena, submit them to the court or officer that issues subpoenas in the county where the discovery will take place, obtain the issued subpoena, and, if your order includes it, serve it. The price includes the court's issuance fee unless your quote says otherwise. A witness fee, where required, is a separate line.

What we need from you. The subpoena as issued in the state where your case is pending, with every attachment and exhibit; the case caption, number and court; the name and address of the witness; the names and contact information of counsel for every party where the receiving state requires them; any signature or certification that only an attorney or the issuing court can provide; and the date of the deposition or production.

Venue and the receiving state's rules. Under the Uniform Interstate Depositions and Discovery Act and similar laws, the subpoena is issued in the county where the discovery is to occur, which usually follows the witness's address. Some states require a local attorney to issue or sign the subpoena, a filing fee, a cover sheet or a specific form. We follow the receiving state's process and tell you what it requires.

Your documents control the content. We prepare the receiving state's papers to match your subpoena. We do not change its terms, dates or requests. If the receiving court requires a change, we tell you, and the change is yours to make. A date that has passed, or will pass before the subpoena can be issued and served, requires a new subpoena or a new date from you.

Issuance and rejections. The time it takes a court to issue a subpoena is set by the court, not by us. If the court rejects the submission because of an error in the papers we prepared, we correct and resubmit them at no charge; a new court fee, if the court charges one, is billed as described at served123.com/supplementary-costs. If it is rejected because of the content of your subpoena or a requirement only you or your counsel can meet, a resubmission is a new order.

Changes. A new witness, a new date, a change in what is requested, or a change to the caption requires a new domestication.

What it is. A skip trace is a search of public records and commercial data sources for a current address or other point of contact for a person, for the purpose of serving legal papers or another lawful purpose in a legal matter.

Permitted use. By ordering a skip trace, you certify that you have a permissible purpose under the Gramm-Leach-Bliley Act and the Driver's Privacy Protection Act for any data subject to those laws, that the purpose is connected to a legal proceeding, and that you will use the results only for that purpose. Our results are not consumer reports under the Fair Credit Reporting Act. You may not use them, in whole or in part, to decide a person's eligibility for credit, insurance, employment, housing or any other purpose covered by that Act.

What you receive. A written result giving the most likely current address or point of contact that the search found. Data sources can be outdated, incomplete or wrong, and a person may be hiding their address. We do not guarantee that a result is current or correct, or that the person will be at the address found. A search that returns limited results is still a completed search.

Use and sharing. Results are for the order they were requested for. Do not resell or publish them.

What is included. We submit the documents you provide to the court, clerk or agency you name, by e-filing where the court accepts filings from us, or at the clerk's counter, and send you the filed or stamped copies the court returns. Where a court accepts electronic filing only through an attorney's own account, we tell you, and the filing is made through that account.

Your documents. We file what you give us. We do not review documents for legal sufficiency, compliance with local rules or formatting requirements, and we do not sign any document as an attorney or as a party.

Fees and rejections. Filing fees are billed as the fee plus the check advance fee, as shown on your quote. A court may reject a filing for reasons we do not control, such as a missing signature, a formatting requirement or a local rule. Refiling after a rejection caused by the documents is a new order. Court e-filing systems sometimes fail, and we are not responsible for a delay caused by an outage.

What is included. We obtain copies of the court records you request, from the court's online docket or at the clerk's office, and deliver them to you by email unless certified or original copies must be mailed. Retrieval is priced per court trip or request. Copy and certification fees charged by the court are billed as the fee plus the check advance fee described on the Supplementary Costs page, where we advance them.

What we need from you. The court and its location, the case number, the party names and the specific documents you need.

Availability. Some records are sealed, confidential, archived offsite or restricted by the court. If a record is unavailable or the clerk will not release it, we report what we found, and the trip is still a completed trip. A further trip is quoted before we make it.

Mobile notary, remote online notarization, apostille and courier services are offered where we can arrange them for the place and time you need. Whether we can take a particular order is confirmed with your quote.

Appointments. We arrange for a commissioned notary to meet the signer at the time and place on your order. Every signer must be present, must bring a current government-issued photo identification that matches the name on the document, and must understand the document and sign willingly. Leave every signature blank until the notary is present.

The notary's role. A notary is a public officer who acts under the law of the state of commission. The notary decides whether a notarial act can lawfully be performed and may refuse or stop a signing, for example if identification is missing, the signer does not appear to understand the document or to be acting willingly, or the document is incomplete. The notary does not give legal advice, does not prepare or explain documents, and cannot choose the type of notarial certificate for you. If you are unsure what a document requires, ask the person who will receive it or an attorney.

Scope. The order covers the signers and documents listed on the invoice. Additional signers or documents at the appointment are added charges where the notary is able to handle them.

Rescheduling and incomplete signings. Please give us as much notice as you can of any change. Once a notary has been scheduled, the appointment fee is earned under the Refund & Cancellation Policy, including if a signer is absent, lacks identification or declines to sign, or the documents are not ready. A new appointment is a new order.

Waiting time. The notary waits up to 15 minutes past the appointment time for a signer who is late or not ready. After that, the notary may leave and the visit is treated as an incomplete signing, unless you approve additional waiting time at the rate we quote.

Remote online notarization. Where the law of the notary's state permits it and the person receiving the document will accept it, a signing may take place by audio-video communication. The signer needs a device with a camera and microphone, a current government-issued photo identification, and must complete the identity verification the law requires.

What is included. We submit your documents to the authority that issues apostilles or authentications for them, which is usually the Secretary of State of the state where the document was issued or notarized, or the U.S. Department of State for federal documents, and return the completed documents to you. Where a country does not accept apostilles, we arrange authentication and legalization at that country's embassy or consulate as a separate line on the quote. Certified translation, where required, is also a separate line.

Your documents. You are responsible for the document being eligible, complete and in the form the issuing authority requires, such as a certified copy from the issuing agency rather than an original or photocopy, and for confirming what the receiving country or person requires.

Timing and rejections. Processing time is set by the issuing authority and the consulate, not by us. If the authority rejects a document because of its form or eligibility, a resubmission is a new order.

What is included. We pick up and deliver the documents or items described on your order, by a local courier, and provide a signed receipt showing who accepted the delivery and when. If your order includes it, the courier waits while documents are signed and returns them to you.

What we need from you. Pickup and delivery addresses, the name of the recipient, any delivery window, building access details and the contents to be delivered, packed and sealed.

What we will not carry. Cash, negotiable instruments, jewelry and other valuables, weapons, hazardous or illegal materials, or anything whose transport is restricted by law. Sealed packages are delivered unopened.

Delivery. Delivery windows are estimates. If the recipient refuses delivery, is not available or cannot be reached, or the address is wrong, we will tell you; a second delivery is a new order. Our responsibility for a lost or damaged item is subject to the limitation of liability in the Terms of Service. If an item is irreplaceable or has a value greater than the price of the delivery, tell us before the pickup so that we can discuss insured shipping or another arrangement.

Not service of process. A courier delivery proves that an item was delivered. It is not service of process. Papers that must be served are ordered as service of process.

How it is done. Service outside the United States follows the law of the destination country and any treaty that applies, including the Hague Service Convention. Depending on the country and your instructions, service may be made through the country's Central Authority, through an in-country agent where the country permits it, by letters rogatory through diplomatic channels, or by another method the law allows. You are responsible for choosing a method that the court where your case is pending will accept; ask your counsel if you are unsure.

Translation. Many countries require the documents to be translated into an official language. We arrange certified translation where required, as a separate line on the quote.

Timing. Timing is set by the destination country's authorities and can range from weeks to many months. We do not control it and cannot guarantee it.

Costs. Foreign agent fees, Central Authority fees, translation, courier and other third-party costs are shown on your quote. Once a foreign agent, translator or authority has been engaged, those costs are spent under the Refund & Cancellation Policy.

We keep the file for each completed order, including the documents you sent, the returns and affidavits, attempt reports and our correspondence, for seven years after the order is completed, and longer when the law, a legal hold or a pending dispute requires it. During that time we will send you another copy of any return, affidavit or document we delivered on request, at no charge. Please keep your own copies of everything we send you. How we protect personal information in these files is described in our Privacy Policy.

We may revise these Service Terms as described in the Terms of Service. The version in effect on the date you pay an invoice governs that order.