Sample Letter To The Court For Server

A “Sample Letter To The Court For Server” is a formal request. You ask the court to approve someone to serve legal documents. This is needed when you can’t use a professional process server.

Need to write this letter? We can help! It can be tricky to get the wording just right.

We’ll share sample letters you can use. These examples will make writing your letter easy. You can quickly adapt them to your specific situation.

Sample Letter To The Court For Server

[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]

[Date]

Clerk of the Court
[Court Name]
[Court Address]

Re: Case Name: [Case Name]; Case Number: [Case Number]

Dear Clerk of the Court,

I am writing to request the court’s assistance in serving the defendant, [Defendant’s Name], in the above-referenced case.

I have made diligent attempts to serve the defendant at [Defendant’s Known Address], but these attempts have been unsuccessful. [ Briefly explain the unsuccessful attempts, e.g., “The defendant no longer resides at that address,” or “Process server was unable to locate the defendant after multiple attempts.”]

I request the court to appoint a court-approved server to effectuate service on the defendant. I believe this intervention is necessary to move the case forward efficiently.

I am available to provide any further information or assistance the court may require.

Thank you for your time and consideration.

Sincerely,

[Your Name]

How to Write Letter To The Court For Server

Subject Line: Concision is Key

A subject line should be pithy. Aim for clarity, not verbosity.
Example: “Request for Appointed Server – [Case Name], [Case Number]”
This promptly alerts the court to the letter’s purpose.

Salutation: Addressing the Right Person

“To the Honorable Judge [Judge’s Last Name]:” is a safe bet.
If you know the clerk’s name, addressing them directly, such as “Dear Mr./Ms. [Clerk’s Last Name]:”, can expedite matters.
Err on the side of formality; it evinces respect.

Introduction: State Your Purpose Immediately

Begin by stating your name, your role in the case (plaintiff/defendant/attorney), and the case details.
Example: “My name is [Your Name], and I am the [Plaintiff/Defendant/Attorney for the Plaintiff/Defendant] in the matter of [Case Name], case number [Case Number].”
Then, succinctly articulate your request for an appointed server.

Body Paragraph 1: Justification for Request

Explain *why* you need the court to appoint a server.
Have you encountered difficulties in finding a private process server? Are you indigent and unable to afford one?
Be candid and forthright. Courts appreciate transparency.
Do not equivocate; make your need unequivocally clear.

Body Paragraph 2: Demonstrating Due Diligence

Describe the efforts you’ve already undertaken to effectuate service.
List the process servers you contacted (if any) and the outcomes.
Document any challenges you’ve faced, such as evasive defendants or inaccessible addresses.
Show that you’ve exhausted reasonable avenues before seeking court intervention.

Body Paragraph 3: Proposed Server (Optional but Recommended)

If you have a specific individual in mind (e.g., a trusted constable or court employee), suggest them.
Provide their name and contact information.
Briefly explain why you believe this person would be suitable and efficient.
This proactive approach can expedite the court’s decision.

Closing: Gratitude and Contact Information

Express your gratitude for the court’s time and consideration.
Reiterate your contact information (phone number and email address).
Example: “Thank you for your attention to this matter. I can be reached at [Phone Number] or [Email Address] should you require further information.”
Use a formal closing, such as “Sincerely,” or “Respectfully,”. Then, sign your name.

Frequently Asked Questions: Sample Letter To The Court For Server

This section addresses common inquiries regarding sample letters to the court for server appointments. It provides guidance and clarity on various aspects related to drafting and submitting such letters.

1. What is the purpose of a sample letter to the court for a server?

The letter requests the court’s approval for a specific individual to serve legal documents in a case, particularly if the standard service methods are not feasible.

2. What information should be included in the sample letter?

The letter should include the case name and number, the server’s name and contact information, a brief explanation of why the server is needed, and a statement attesting to the server’s qualifications and understanding of their responsibilities.

3. Is it necessary to use a specific template for the letter?

While a specific template is not always mandatory, the letter must adhere to court rules and include all the essential information to demonstrate the server’s suitability and the necessity of their appointment.

4. How should the letter be addressed to the court?

The letter should be addressed to the presiding judge or the clerk of the court, using a formal salutation such as “Honorable Judge” or “Clerk of the Court,” followed by their official title and address.

5. What happens after the letter is submitted to the court?

The court reviews the letter and decides whether to approve the requested server. If approved, the server is authorized to serve the legal documents in accordance with court rules and procedures.