Can a summons just be put in the post?

Answer 1

In some states it can but only in a specific manner and perhaps only in specific types of cases. Whether it can be done depends on the laws and court rules of the state where the action is to be filed and perhaps to some extent the state where the defendant resides if not in the same state where the suit is filed. In New Jersey at least, Court Rules permit a summons and complaint to be served by mail if it is sent by certified mail, return receipt requested, and by ordinary mail simultaneously. The reason for this is that certified mail might be refused or ignored and eventually sent back to the sender. The defendant then has the possibility of saying that that was not his address or that he never received it and that any default judgment gotten against him should be set aside. The simultaneous ordinary mail posting will go to the defendant without his having to sign for it and it will not be returned to the plaintiff. This proves that the address is correct and that it was delivered. If both mailings are returned marked addressee unknown or something like that then the court will not accept the mailing as proper service. So, either the return receipt comes back signed (proving service) or it comes back unsigned but with the ordinary mail not coming back. Either way, service is proved according to NJ court rules. If the defendant refuses to accept the ordinary mail as well, a court may take that action as the defendant's choice not to object to it and proceed to enter judgment by default. In order to get a default judgment, plaintiff will have to submit a sworn or certified statement that the summons was sent to defendant's address by certified mail, return receipt requested and by ordinary mail simultaneously to the defendant's address; that the certified mail was returned but that the ordinary mail was not. The court will then proceed.