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Simple English definitions for legal terms
Return of service
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A quick definition of Return of service:
Return of service: When someone needs to be notified that they are being sued or have legal action taken against them, a document called a summons is delivered to them. Return of service is a document that proves the summons was delivered to the person. It is filed in court by the person who delivered the summons, like a sheriff or process server. In some places, people can fill out a form called a Proof of Service and file it with the court to show that the summons was delivered.
A more thorough explanation:
Return of service is a legal document that confirms that a person has been served with legal papers. It is also known as proof of service or certificate of service. The person who serves the papers, such as a sheriff or a professional process server, files the document in court to show that the papers were delivered.
For example, in California, the law requires that proof of service be filed to show that a summons was served. This can be done by filling out a form called POS-040 Proof of Service and submitting it to the court.
Another example of return of service is when a process server delivers a divorce petition to a spouse. The process server will fill out a certificate of service to show that the papers were delivered to the spouse.
Return of service is important because it ensures that the person being served is aware of the legal action being taken against them. It also provides evidence that the legal papers were delivered in case there is a dispute later on.