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Service of Process Definition

Service of Process is the legal procedure of delivering legal documents, such as lawsuits or subpoenas, to individuals or businesses to inform them about pending legal actions or court proceedings.

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Last Updated: January 12, 2026

What is service of process?

service of process defined

Service of process refers to the legal procedure when one party officially notifies an individual or business that a legal action has been taken against it. 

How does service of process work? 

Every business has a right to be notified of any legal action against it. The individual or company taking the action is legally responsible for providing service of process to notify the business that the lawsuit has been filed. This is the heart of service of process, meaning that the business will be presumed to have been notified of the pending legal action. The term “service of process” may also relate to the delivery of a subpoena requiring an individual to testify in court. 

Every state — and the federal government — has its own laws on what constitutes proper service of process. Some states require the process server to hand-deliver the lawsuit paperwork to the appropriate party. Other states require that the paperwork be mailed directly to the business by the court clerk. The deadline for the plaintiff’s response is determined by the date the documents were delivered. 

Does every business need an agent for service of process? 

If a limited liability company, corporation, or other legal entity is sued, the person filing the suit needs to know where to serve the paperwork for proper notification. Business owners wouldn’t want that information delivered to someone who wasn’t authorized to receive it. That’s where an agent for service of process, sometimes called a registered agent, comes in.

Because being notified of pending legal actions is at the heart of our legal system, all states require limited liability companies and corporations to have a registered agent when the business is formed. A court can throw out a lawsuit for service of a process deemed inappropriate, improper, or ineffective. Getting the paperwork to the intended recipient is crucial. 

What does a registered agent for service of process do?

A registered agent is responsible for accepting all legal and business documents and correspondence on behalf of the business. “Statutory agent” is another name for this person or company.

The registered agent is responsible for receiving documents and forwarding them to the proper person within the business. ZenBusiness can provide registered agent service for businesses that need someone to fill this role. 

Professional Service of Process Benefits

It’s possible for businesses (or individuals) to hire a designated individual to deliver the lawsuit notice. Generally, a professional agent for service of process is someone over the age of 18 who’s not a part of the lawsuit. Hiring a professional process server can provide peace of mind when filing a lawsuit against a business or individual. It’s wise to check the state’s requirements to determine the method of service necessary to fulfill all legal requirements. 

Professional Service of Process Disadvantages

Cost is the only disadvantage of hiring a professional process server. Many process-serving companies provide training for their employees on how to properly identify the correct person who needs to be served with the least amount of conflict. 

Summary 

Service of process is the procedure that a party to a lawsuit uses to give appropriate notice of legal action to the other party. Every state has its own service of process requirements. 

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How ZenBusiness Can Help 

Whether someone is doing the suing or the one being sued, proper service of process is crucial to move the case forward. A registered agent service can be valuable for receiving documents throughout the process.

One of the best ways to avoid legal issues is to make sure the business is organized and compliant. ZenBusiness can help with their Worry-Free Compliance Service and Zenbusiness Money Pro to keep track of invoices and payments. They can help make running any business easier.

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. For specific questions about any of these topics, seek the counsel of a licensed professional.

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Written by ZenBusiness Editorial Team

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