service of process

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service of process

Completion of all legal requirements to give official notice to a person regarding a lawsuit filed against that person.After service of process,the defendant will have a certain number of days to file an answer. It is critical to determine the correct service date and to keep track of the deadline to file an answer, which could be as short as 14 days in most states. Failing to file an answer will result in a default judgment in which the court will give the person filing the suit—the plaintiff—everything that person asked for,no questions asked.When the judgment becomes final and not appealable, after the passage of another period of time, the plaintiff may begin efforts to seize any real or personal property he or she can find to satisfy the judgment.

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93) Although most civil law jurisdictions allow some form of substituted service, such as publication, (94) very few civil law countries appear to have authorized e-mail service.
This is not surprising, since substituted service by e-mail is considered a fallback measure, and thus permissible only when necessitated by circumstances such as an evasive defendant or unsuccessful previous attempts at traditional service.
counterparts, English judges rely upon plaintiffs' prior attempts at service, evidence of evasiveness on the part of the defendants, and actual notice to the defendant when determining whether to allow substituted service, including by e-mail, on defendants abroad.
The High Court, Queen's Bench Division, recently allowed substituted service on a Sudanese bank defendant's legal department.
123) These justifications, which were false, created a story for the court of an evasive defendant not reachable by traditional means of service, presupposing that these factors would guide the court's decision to authorize substituted service.