Legal Definitions - accept service

The legal term accept service refers to a party's voluntary agreement to acknowledge receipt of legal documents, such as a summons, complaint, or subpoena. By accepting service, the party confirms they have received official notice of a legal action and waives the need for the documents to be delivered through the strict, formal procedures typically required by law (known as "service of process"). This often streamlines legal proceedings and can be done for convenience or to avoid certain formalities.

• Example 1: Attorney-to-Attorney Agreement

  Imagine a large corporation is being sued by a former employee. Instead of the employee's attorney hiring a process server to formally deliver the lawsuit documents to the corporation's registered agent, the corporation's legal counsel might send a letter or email to the employee's attorney stating, "We accept service of the complaint on behalf of our client." This means the corporation's attorney acknowledges receipt of the lawsuit, and the corporation cannot later argue that they were not properly notified, saving time and expense for both legal teams.

• Example 2: Expediting an Uncontested Case

  Consider a married couple who are filing for an uncontested divorce and agree on all terms. In many jurisdictions, one spouse must formally "serve" the other with the divorce petition. To avoid the cost and delay of hiring a process server, the spouse who is being served might sign a document stating they "accept service" of the petition. This confirms to the court that they have received proper notice of the divorce proceedings, allowing the case to move forward more quickly and cooperatively without the need for a third-party delivery.

• Example 3: Avoiding Public Formalities

  Suppose a high-profile individual is being sued for breach of contract. To avoid the potential embarrassment or disruption of a process server attempting to deliver documents at their home or a public event, their legal team might proactively contact the plaintiff's attorney and formally "accept service" of the summons and complaint. This ensures the documents are delivered discreetly to their lawyer, and the individual acknowledges official notification of the lawsuit without the need for a public or formal delivery attempt.