FAQ’S (Questions & Answers)

Q.  Should I send the documents and instructions any time?

A. Please contact Nick Conner in person before sending any documents in case of vacation or leave of absence.

Q. How can a plaintiff assist in expediting the serving of a process?

A.  Personal information about the defendant that can be very beneficial in a successful serve are the following:  A current home and work address; phone numbers; physical description and/or photo; year and make, color and plate number of recipient’s vehicle; and suggested days and times that the individual may be found at a given location based on their lifestyle and work/school schedule.  Most of this information would not be necessary in the case of non-invasive respondent.

Q.  What are the laws/statutes of serving process in the state of Kansas?

A.  Three basic methods are used for service of process:  (1) actual or personal service, (2) sub-serve, substituted or residence service, and (3) service by publication.  Service by publication may be permissible only under specific cases listed in K.S.A. 60-307.  The first two methods shall be addressed below.

When the plaintiff files a written request with the clerk for service other than by certified mail, service of process shall be made by personal or residence service.  Personal service means “in-hand” delivery of the papers to the person.  The respondent is not required to sign any forms and does not necessarily have to be physically handed the legal documents to be successfully served.  Once the defendant has been identified and informed within hearing range, the paper(s) may be deposited at their feet, on the windshield of their vehicle, at the front desk/counter of their place of employment, or taped to their front door.  In all cases when the person to be served or an agent authorized by the person to accept service of service of process, refuses to receive copies thereof, the offer of the duly authorized process server to deliver copies thereof, and the refusal, shall be sufficient service of process.  Personal service is the most effective way of serving since it is very difficult for the defendant to attack its legality.

Sub-serve, substituted or residence service shall be made by leaving a copy of the process and petition, or document to be served, at the dwelling house or usual place of abode of the person to be served with some person of suitable age and discretion residing therein.  If service cannot be made upon an individual, other than a minor or a disabled person, by personal or residence service, service may be made by leaving a copy of the process and petition, or other document to be served, at the defendant’s dwelling house or usual place of abode and mailing a notice that such copy has been left at such house or place of abode to the individual by first-class mail.

Process servers shall be appointed freely and may be authorized either to serve process in a single case or in cases generally during a fixed period of time.  A process server may make the service anywhere in or out of the state under authorization of the court of jurisdiction.  All persons authorized under this subsection to serve, levy and execute process shall be considered an “officer” as used in K.S.A. 60-706 and 60-2401 and amendments thereto.

Federal Law (Title 18 U.S.C. § 1501) and Kansas Statutes (K.S.A. 21-3808) prohibit the interference with service of process.

Q.  On whom can service of process be made?

A. Except for service by publication under K.S.A. 60-307, and amendments thereto, service or process under this article shall may be made to parties listed as follows:  Individuals; minors; disabled persons (K.S.A. 59-3002); government bodies; corporations and partnerships; foreign corporations; foreign limited partnership resident agents; insurance companies; insurance associations; individuals employed in Kansas; and process agents.

Q.  What happens next after the serve is complete?

A. If service of such process is directed to and delivered to a person, other than an officer, for service, such person shall make affidavit subject to penalty of perjury as provided in K.S.A. 21-3805 and amendments thereto as to the time, place and manner of such person’s service thereof.

The return, proof of service, or notarized affidavit of service may be filed by the plaintiff, the plaintiff’s attorney, or the process server at the court of jurisdiction.  This is a legal document notifying the client and the courts that the papers have been served.

Kansas law concerning civil procedure and process serving can change.  Therefore, the information listed above may have been amended.  For updated process serving legislation, please click here.

Disclaimers

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