What Counts as "Service by Mail" in Legal Terms (2025 Guide)
Quick Answer: Service by Mail
- Definition: Legally delivering documents by mailing them to the recipient
- Best method: USPS Certified Mail with Return Receipt
- Key requirements: Proper address, correct mailing method, proof of mailing/delivery
- Note: Not always acceptable for initial lawsuit service (service of process)
"Service by mail" is a legal term describing how to serve legal documents by mail to another party through the postal system. Understanding what counts as valid service by mail is crucial—improper service can invalidate your legal action or give the other party grounds to dismiss your case. This guide explains the general principles of service by mail, including when serving someone by certified mail is acceptable. Note that service of process by mail (delivering the initial lawsuit) is limited in many jurisdictions and typically requires personal service. For detailed instructions on how to mail documents, see our mailing legal documents guide.
In This Guide
What is Service by Mail?
Service by mail is a method of legal service where documents are delivered to a party by mailing them to their address. For service by mail to be legally effective, it must comply with applicable rules regarding:
- Proper addressing: Correct name and address of the recipient
- Acceptable mailing method: Often certified mail is required or recommended
- Timing: Mail must be sent within required timeframes
- Proof: Documentation that service was completed
The specific requirements vary depending on: the type of document being served, the jurisdiction (state, federal, or local rules), whether it is initial service or subsequent service, and any contractual requirements.
Service by Mail vs. Personal Service
Understanding the difference between service methods is important:
| Service Type | How It Works | When Used |
|---|---|---|
| Personal Service | Documents handed directly to the person | Initial lawsuit service, some legal notices |
| Substituted Service | Left with another person at residence/workplace | When personal service fails |
| Service by Mail | Mailed to recipient's address | Many notices, ongoing case documents |
| Service by Publication | Published in newspaper | When person cannot be located |
Important Distinction
Service of Process (delivering the initial lawsuit summons and complaint) usually requires personal service. Service by mail is typically used for notices and documents after the initial service, or for statutory notices that specifically allow mail service.
When Service by Mail is Acceptable
Service by mail is generally acceptable for:
Usually Allowed by Mail
- • Statutory notices (eviction notices in many states)
- • Demand letters
- • Contract notices (per contract terms)
- • Documents after initial service in a lawsuit
- • Government agency notices
- • HOA/condo notices
- • Insurance claim notices
Usually Requires Personal Service
- • Initial service of a lawsuit (summons and complaint) in many jurisdictions
- • Restraining order service in most states
- • Subpoenas in some jurisdictions
- • Some eviction notices (varies by state)
Requirements for Valid Service by Mail
For service by mail to be legally valid, you generally need:
- Correct recipient name: Use the person's legal name or business name
- Correct address: Use their last known address, residence, or place of business
- Proper mailing method: Use the method required by law or contract (often certified mail)
- Timely mailing: Send within any required timeframes
- Proper postage: Ensure sufficient postage is paid
- Documentation: Proof of mailing and/or delivery
Acceptable Mailing Methods
Different situations may require different mailing methods:
| Method | Proof Provided | Common Uses |
|---|---|---|
| Certified Mail + Return Receipt | Proof of mailing, tracking, signed delivery receipt | Most legal notices, demand letters |
| Certified Mail Only | Proof of mailing, tracking (no signature) | When delivery proof not required |
| First-Class Mail | None unless using Certificate of Mailing | Some statutory notices, backup copies |
| Registered Mail | Chain of custody, insurance | Valuable original documents and high-value legal paperwork |
Best Practice
When in doubt, use Certified Mail with Return Receipt. This provides the most comprehensive proof of service and is accepted in virtually all situations where mail service is allowed. Also send a copy via regular first-class mail as backup. For step-by-step instructions, see how to serve someone by certified mail.
When is Service by Mail Complete?
Different jurisdictions and situations have different rules about when service by mail is considered "complete":
Complete Upon Mailing
Some rules consider service complete when the item is deposited in the mail with proper postage. The sender has done their part regardless of whether delivery occurs.
Complete Upon Delivery
Other rules require actual delivery. Service is not complete until the recipient receives the documents.
Presumption After Time Period
Some rules presume delivery occurred a certain number of days after mailing (e.g., 5 business days after mailing).
Extra Days for Mail Service
Many procedural rules add extra days to response deadlines when service is by mail. For example, if a party has 30 days to respond after personal service, they may have 33-35 days to respond after mail service. This accounts for mail delivery time. Check your specific rules.
Proving Service by Mail
You may need to prove service was completed. For more details, see our guide on how to prove you mailed something. Evidence includes:
- Certified mail receipt (PS Form 3800): Shows date mailed, address, tracking number
- Return receipt (green card): Shows delivery date and signature
- Electronic return receipt: Digital image of delivery confirmation
- Tracking records: USPS tracking showing delivery status
- Certificate of mailing: USPS stamp showing item was mailed
- Proof of Service declaration: Sworn statement describing how you mailed the documents
- Affidavit of Service: Notarized statement of service
For court filings, you may be required to file a "Proof of Service" document describing how, when, and where you served the documents. Courts have specific forms for this purpose.
Common Situations
Landlord-Tenant Notices
Many states allow service of eviction notices, rent increase notices, and lease termination notices by certified mail. Some require both certified mail and posting on the door, or allow either method. Check your state's landlord-tenant laws.
Contract Notices
Contracts often specify how notices must be sent (e.g., "Notice shall be sent by certified mail to..."). Follow the contract's terms exactly. If the contract does not specify, certified mail with return receipt is safest.
Demand Letters
While not always legally required to be sent by certified mail, doing so creates documentation that can be important if you later file a lawsuit. Courts like to see that you gave the other party proper notice.
Small Claims Court
Rules vary by court. Some allow plaintiffs to serve by certified mail; others require the clerk to mail documents. Always check your local small claims court rules. See our guide on mailing evidence for small claims court.
Federal Court
Federal Rules of Civil Procedure (FRCP Rule 5) allow service by mail for documents after initial service. Initial service (Rule 4) generally requires personal service or waiver of service.
Important Warning
Improper service can have serious consequences. A case can be dismissed, a judgment can be overturned, or you may need to start over. When in doubt about whether mail service is acceptable for your situation, consult with an attorney or check the specific rules that apply to your document and jurisdiction.
Need to Serve Documents by Mail?
Skip the post office. Serve documents by mail using USPS Certified Mail with Return Receipt—we handle the printing and mailing. Same-day processing, full tracking, and proof of delivery for your legal records.
Send Certified Mail OnlineFAQs
What is service by mail?
Service by mail is a legally recognized method of delivering documents to another party by mailing them to their address. For it to be legally valid, specific requirements must be met, including proper addressing, appropriate mailing method (often certified mail), and sometimes proof of mailing or delivery.
When is service by mail acceptable instead of personal service?
Service by mail is often acceptable for: notices during an ongoing case, documents after initial service has been made, statutory notices (like eviction notices in many states), and contractual notices. Initial service of a lawsuit (service of process) typically requires personal service or special court permission to serve by mail.
Does regular mail count as service by mail?
Regular first-class mail may count as service by mail in some situations, but certified mail is generally preferred or required because it provides proof of mailing and delivery. Check the specific requirements for your document type and jurisdiction.
When is service by mail complete?
This varies by jurisdiction and document type. Some rules consider service complete upon mailing, others upon delivery. Many jurisdictions add extra days to deadlines when service is by mail (typically 3-5 days) to account for mail delivery time.
Can you serve someone by certified mail?
It depends on the document type and jurisdiction. Certified mail is often acceptable for statutory notices (like eviction notices in many states), demand letters, contract notices, and documents after initial service in a lawsuit. However, initial service of process (the original lawsuit summons and complaint) typically requires personal service in most jurisdictions. Always check your local rules.
What if the person refuses certified mail?
In many jurisdictions, refused certified mail may still be considered effective service. The tracking record will show "Refused," which demonstrates the person had an opportunity to accept the documents. Keep the returned letter unopened and the tracking records.
Can I serve someone at their workplace by mail?
Possibly. Many rules allow service at a person's place of business. However, for initial lawsuit service, there are often additional requirements. For notices and other documents, check whether your jurisdiction allows service at the workplace.
Related Guides
- How to Mail Legal Documents Correctly
- How to Prove You Mailed Something
- What is Certified Mail?
- How to Fill Out PS Form 3800
- How to Fill Out PS Form 3811 (Green Card)
- How to Track Certified Mail
Legal Disclaimer
This guide provides general information about service by mail and is not legal advice. Service requirements vary significantly by jurisdiction, document type, and specific circumstances. Improper service can have serious legal consequences. For advice about proper service methods in your specific situation, consult with a licensed attorney.
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