hello,I have r the 120 day deadline to serve defendants in a lawsuit i filed coming up in a about 5 days. The marshalls have the summons and are service the defendants, but they only got the paperwork about 2 weeks ago, so it might be a problem. I had file in forma pauperis, so i couldnt serve the defendants myself. I know have a financial backer for the lawsuit who believes in the cause. However, will i interefer with the marshalls service if i decide to serve them myself? thank you
Hi and welcome to JA
As a party to the action (the plaintiff) whether in forma pauperis or not, you CANNOT serve the summons yourself. It must be done by any third party.
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im sorry, i meant can i pay to have it served myself, even though the marshalls have the forms now. I dont think they are going to get it done in time. I was considering sending certified mail, or paying for a professional service provider.
Oh yes.....a professional service provider can also serve the papers personally. You may want to use one to make sure it is done properly and on time. but you actually could use anyone......a trusted friend, etc. Then he, like the professional, fills out an affidavit of service to file with the court. The form affidavit can be purchased in any stationery store that sells legal forms.
NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.
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