Guide · Litigation
Service of Process and Default Judgments: A Comprehensive Guide to Methods, Proof, Defects, and Vacatur
28 U.S.C. § 1608
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-12-18
- Topic
- Litigation
A working guide to service of process and default judgments from both sides of the caption. Part one covers what service accomplishes and the constitutional notice standard that governs it. Part two covers every method — personal, substituted, agent, waiver, mail, electronic, publication, entity, and foreign — with the failure mode attached to each. Part three covers proof of service and the affidavit that decides these fights. Part four covers entry of default and default judgment, including what silence does and does not concede. Part five covers the void-versus-voidable distinction, the two standards for vacatur, and how to build each motion. Part six covers enforcement, exemptions, renewal, and interstate portability. Part seven covers plaintiff-side practice and the drafting that produces a durable judgment.
The full text of this document is available to Executive subscribers and above. See plans.