Legal Definitions - Return of service

Return of service is a formal document filed with a court that confirms legal papers have been officially delivered to the intended recipient. It serves as official proof that a party in a lawsuit or legal proceeding has received proper notification, ensuring they are aware of the legal action against them. This document is typically completed and submitted by the individual who delivered the papers, such as a sheriff, a professional process server, or sometimes even a private citizen who is not a party to the case.

• Example 1: Divorce Proceedings

  Imagine Sarah files for divorce from her husband, Mark. To ensure Mark is legally informed of the divorce petition, Sarah's attorney arranges for a process server to deliver the divorce papers directly to Mark. After successfully handing the documents to Mark, the process server completes a return of service form. This form details when, where, and how Mark was served, and it is then filed with the court. This document officially proves to the judge that Mark has received proper notice of the divorce action, allowing the case to move forward.

• Example 2: Small Business Debt Collection

  A small landscaping company, "Green Thumb Services," sues a client for an unpaid bill of $2,500. The company's owner, acting on behalf of the business, arranges for the client to be served with a summons and complaint. Once the client receives these legal documents, the person who delivered them (perhaps a friend of the owner who is not involved in the case) completes a return of service. This document is then filed with the small claims court, providing official confirmation that the client has been formally notified of the lawsuit. Without this proof, the court cannot proceed with the case against the client.

• Example 3: Eviction Notice for a Tenant

  A landlord needs to evict a tenant for violating the lease agreement. Before the landlord can take the tenant to court for eviction, the tenant must be legally served with an eviction lawsuit. A sheriff's deputy delivers the eviction papers to the tenant at their apartment. Following this delivery, the sheriff's deputy fills out a return of service, detailing the date and time of service, and files it with the housing court. This document is crucial because it legally verifies that the tenant has received official notice of the eviction proceedings, which is a mandatory step before a judge can issue an eviction order.