How to Serve Processes to Military Members


Members of the United States military often put their lives on the line to defend their country and its assets. Sometimes the courts will need to provide written documents to these active duty individuals for several reasons including a summons to court for being sued, eviction notice, a subpoena to appear in court as a witness, or many other reasons. Let’s review how serving processes to military members is similar to and different from serving processes to a civilian.

How to Serve Processes to Military Members

Do you Have Jurisdiction?

Jurisdiction means whether or not a court has the legal means to exert power over a person or a thing. Personal jurisdiction relates to the court’s power over a person while in rem jurisdiction refers to the court’s power over an item. Personal jurisdiction comes from the state of a person’s domicile, or where they make their home, and provides the space for people to bring suits against someone, including active military members.
Serving members of the military carries additional requirements.

A person’s domicile is different from their residency. A residence is a fixed dwelling. A person’s domicile is a more long term arrangement - this is someone’s residence with the added intention for the person to live there long term. Domicile rules are essential for military members because they may have grown up and been recruited in Florida, but stationed in Tennessee. Federal law still recognizes their domicile as being in Florida.

Place of Residence

Serving processes to military members will be different based on where they live. If they live off base, you will serve them processes similar to how you would serve a civilian at their home.

If the service member lives on base, the process is more complicated. You will need to contact the on-site Military Police (MP) who will then connect you with the Judge Advocate General (JAG). The JAG will decide to grant the process server access to the base or not. If given, you may serve the process. This procedure can take anywhere from three days up to two weeks. Service members stationed internationally have additional requirements including remaining in compliance with the host country. Serving a process via mail is often the best choice in these cases.

If you need a process served to a military member, contact Same Day Process Service today for professional and rapid delivery.

The Benefits of Hiring a Private Investigator

Originally posted on 07/05/2016 We all want more info in life, but sometimes that information is hard to come by. A private investigator can help to uncover important information including a search for a person's whereabouts. Private...

What Is Skip Tracing?

Originally posted on 09/10/2015 Sometimes finding someone is the biggest issue with having them do something! Process servers help deliver the legal documents that make the legal system operate. This system would not run nearly as...

Which Industries Most Often Use Process Servers?

Originally posted on 10/19/2015 At Same Day Process Service, our clients come from a variety of industries. With a combined 60 years of experience, every skilled process server we work with has successfully served individuals for...

How Is Skip Tracing Performed?

Originally posted on 12/21/2015 What do you do when you can't find something or someone? Do you call around? Maybe you check the place where you saw that object or person last. How does this search become more intense when you have...

Do I Need to Hire a Process Server?

Originally posted on 03/01/2016 Legal matters experience a better outcome through the hiring of a professional process server. Additionally, you’ll experience less frustration as well as time savings. Check out the reasons why you...

Serving Heavyweight Boxer Pedro Lovell

Serving civil process is often too exciting and is perpetually, non-stop OJT (on the job training). I received papers to serve on the heavyweight boxer, Pedro Lovell, often referred to as "KO King," "The LA Bomber," "The...

How Are Legal Documents Authenticated?

Originally posted on 04/04/2016 While a signature may be authenticated by someone who has reasonable familiarity with a subject's writing, the majority of legal documents require more than a simple statement stating that they are...

How to Choose the Best Process Server

Originally posted on 07/13/2015 Imagine that you want to take action against someone else in court, but you can't notify them because you can't find them. But since the law says that you must notify them, what can...

5 Things Private Investigators Can and Can't Do

Originally posted on 11/08/2016 Have you been frustrated with a case that doesn't move forward? Many people dealing with a stuck case might consider hiring a private investigator. These professionals have a large amount of...

Serving An Evasive New York Attorney

I was asked to serve divorce papers on a New York attorney who had been avoiding service and was coming to Maryland to visit his parents to celebrate the Passover. He was supposed to be arriving between 2 and 5 pm Friday. Our client informed me...

What Are the Benefits of Hiring a Mobile Notary?

Originally posted on: 11/17/2015 Mobile notaries are notary publics who travel to a client’s location to conduct a notarial act. Almost anyone can benefit from a mobile notary’s services, but there are a few surprising benefits...

How Long Will It Take to Have My Papers Served?

Originally posted on: 03/14/2018 "Are we there yet?" We all remember hearing our kids or maybe or younger selves saying that at one point. We want to be at our destination without the wait on the journey. Serving processes is...

What Happens If I Avoid A Process Server?

Original Post: 07/31/2017 If you are looking to sue someone, divorce them, obtain child support, or many other legal issues, you may attempt to have the papers served to them. A process server can be hired to track them down and serve the...
Page: 12345 - All