Frequently Asked Questions

Minnesota State Law requires that all parties must be notified if they are facing legal action against them in any court of law. Notification of the legal action, also called service of process, is done by delivery of documents describing the legal action. The documents served can include, but are not limited to subpoenas, complaints, summonses, writs and orders to show cause.

Service of process is important because Minnesota State Law requires that a party to a lawsuit be notified of the lawsuit and be given time to respond.   When you start a case or file papers in a case with the Court, the other party(ies) need to know what you are telling the Court and what you are asking for from the Court so they can respond.  Not following proper service of process procedures can lead to delays in your case, dismissal or denial of your case/requests, or the Judge could disregard your papers and not consider it when making a decision.  Hiring a professional process server ensures that service of process is completed properly so that you avoid these types of situations.

Personal service means hand-delivering the papers to the other party in the case. Personal service is usually the way service must be done when you are starting a new lawsuit, but it can also be done if a lawsuit has already been started.  Certain documents require personal service, such as a Summons, Petition or Complaint, and Orders to Show Cause.  Personal service can also be done by leaving the papers at the other party’s usual place of residence with a person of suitable age and discretion who also lives at the residence.

No, a person being served does not need to sign for the papers in order to receive them.

There are many reasons why you should hire a professional process server. Many recipients do not understand the legal nature of being served process and can sometimes try to evade service of process. Process servers are experienced with seeking out, finding, and legally serving someone looking to avoid service. At MN Served LLC, we have access to tools that can aid in locating recipients and make every effort to complete service of process in the most expeditious and efficient way as possible.

Sheriffs can legally serve process in Minnesota, but they are often less available, which can delay your case. Additionally, if someone is wishing to avoid being served, the sheriff will be much more conspicuous and less likely to get service of process done.. A highly experienced process serving company like MN Served LLC will be more effective and can also offer additional services like skip tracing.

Yes. You should hire a process server who is familiar with the laws and regulations surrounding service of process in the state where the recipient resides. MN Served LLC not only knows the laws, but also the geography of the area. We can more easily find your recipient and make sure we properly serve them so that you can avoid delays in your case.

No.  Minnesota State Law states that no service of process may occur on a legal holiday or Election Day.  Minnesota State Law defines legal holidays as New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday.

Yes.  Notaries do not notarize the document, they notarize the signature. As long as the notary feels the signer knows what he/she is signing willingly and freely and wishes to agree to the terms of the document then the notary is free to notarize their signature to the document. The document can be in any language as long as the signer understands the language and is pursuant to Minnesota Statutes 358.65.  

An apostille is a certificate issued by the Secretary of State that proves the authenticity of a Notary's signature and stamp. An apostille alone is sufficient proof of authentication for notarized documents exchanged between countries which abide by The Hague Convention; otherwise a chain of authenticating certificates may be necessary.

No.  A notary cannot certify a copy of a Birth Certificate, Marriage Certificate, or Death Certificate.  You can contact the Minnesota Department of Health for a certified copy.  For foreign birth certificates, contact the consulate of the Country of origin.

Yes, a Notary can certify a copy of your passport or driver's license, provided the original passport or driver's license is presented to the Notary at the time of certification.

Yes, provided the signer signs the document in the presence of the Notary Public and presents proper identification.

Any government issues identification such as a driver's license, non-driver's license or passport is an acceptable form of identification for a notary.