Understanding Eviction Summons: Service by a Sheriff, Special Process Server, or Posting

A Defendant (tenant) must receive a summons (an official notice) for an eviction lawsuit. This notification procedure is called service of process.

A landlord cannot serve the summons and complaint on the defendant on their own. The tenant will receive the summons from one of the 3 following people:

• Sheriff,
• A licensed private detective, or
• A special process server: anyone over the age of 18 who is not involved in the case.

No matter who does it, the person can properly serve the defendant in the following ways:

• By handing the summons and complaint to the defendant personally at their home or at any location, or
• By going to the defendant's home, and giving the summons and complaint to someone who lives with the defendant and is at least 13 years old.

If possible, the papers should be put in the hands of the person receiving them. However, this is not always required. If the person serving the papers speaks to the person receiving them through the door, or sees them come to the door but then they go back into the house, the person can leave the papers on the door or can slip them under the door.

If the Sheriff, detective, or special process server fails to serve the tenant, the landlord can ask the judge for permission to serve through posting/publication. 

• The Sheriff will post a copy of the notice at public places like the courthouse or city hall.
• The Sheriff will also mail a copy of the court summons and complaint to the Defendant's (tenant's) address.