The accurate, reliable, and timely handling of legal papers from service of process is critical to reducing the business risks of default judgments and non-compliance.
In this article, we summarize the end-to-end management process for the legal documents from service of process, breaking it down into four key steps. In these steps, we examine some of the key requirements for each of these areas to provide a flexible and streamlined SOP management process:
- Service-of-process intake
- Service-of-process handling and management
- Service-of-process delivery and acknowledgment
- Service-of-process cloud storage and reporting
Step 1: Service of process intake
SOP management begins with the registered agent accepting service-of-process documents on behalf of the business. These may be a wage garnishment order, a summons and compliant initiating a lawsuit, or other legal documents. The agent should have in-person intake capability with guaranteed availability during business hours. This provides the following key benefits:
- Reduces chances of accepting incorrect or misrouted processes
- Provides for efficient and timely processing
- Ensures traceability
- Reduces litigation non-compliance risk
In addition to processes served on the registered agent, corporations also receive processes directly — either served at corporate headquarters or other places of business. A registered agent can streamline service-of-process management by consolidating the processing of legal documents delivered to the corporation and to the agent.
Step 2: SOP handling and management
After intake, the registered agent handles and manages service of process, which can be surprisingly complex. This includes the following:
- Receiving and logging service-of-process documents
- Digitizing the documents for efficient and easy distribution, management, and storage
- Summarizing key aspects of the documents for efficient handling and routing — this can save the corporation significant time and costs associated with processing received services of process
- Support customized and complex delivery instructions for efficient and timely service-of-process routing
- Task management capabilities to ensure the service of process is acted upon in a timely manner, reducing risk of litigation and non-compliance
Step 3: SOP delivery and acknowledgment of receipt
The registered agent next delivers the service of process to the corporation, and the corporation acknowledges receipt. In this step, the agent should be capable of a variety of options to meet each corporation’s needs, including the following:
- Electronic/automated delivery directly to the corporation’s matter management, HR/payroll, or claims system
- Upload to a web portal with notification for corporate retrieval
Acknowledgement is a critical step to reducing the risk of a corporation missing served documents. The registered agent should make acknowledgment flexible, tailoring it to the corporation based on their workflow and environment. Acknowledgment methods can include the following:
- Automated acknowledgment for electronic delivery to integrated customer systems
- Corporate acknowledgment via SOP portal
- Acknowledgment reminders
Step 4: SOP cloud storage and reporting
In this final step, the registered agent stores services of process, has a system of access, and has a system of reporting for served documents and processes. The agent’s key capabilities required here include the following:
- Portal for easy access and acknowledgment of service-of-process documents
- Efficient, centralized storage in the cloud for handling and managing services of process over time
- Simple and advanced search capabilities to quickly find services of process at any time, meeting audit requirements
- Reporting to provide insights for planning and decision making
Frequently asked questions
What is a service of process?
Service of process is the procedure for notifying a defendant that a legal action has been filed against them. This notification also provides the defendant an opportunity to respond.
Who can receive service of process?
Some states have restrictions on who can be an agent for service of process. For example, a corporation or LLC often may not be able to act as its own registered agent. Generally, an agent for service of process can be a professional registered agent service or an individual (such as an owner, company officer, or employee). However, there are privacy, availability, and other risks when assigning an individual to act as a registered agent on behalf of a business. For more information, see Can I be my own agent for service of process?
Learn more
Learn how to determine if your registered agent has the qualities needed for your custom service of process needs. Contact a CT Corporation specialist today.
