What is the purpose of the Form POS-030?
When a person sues another person, partnership, corporation, or the government, it must give formal notice to the other side that it has started the legal process. In the same way, when a person is already involved in a case and files papers with the court, it is required to give the other side notice of the paperwork filed. The legal way to give formal notice is to have the other side served with a copy of the paperwork that person has filed with the court. The other side must get copies of any paper filed with the court.
The form POS-030 serves as a proof that the other side has been properly served. Until the other side has been properly served, the judge cannot make any judgments or permanent orders.
Who uses the Form POS-030?
The form is used by the server who served the documents by mail. The server is a third person that actually delivers the paperwork to the other side. The server can be any person over 18 who is not part of the case.
What information should be provided?
The server should complete the top section of the form as follows:
First box, left side: server should print name, address and phone number of the person for whom he served the documents.
Second box, left side is filled with the name of the county where the legal action is filed and the court’s address. The court address should be the same as on the documents served.
Third box, left side: here should be given the names of the plaintiff/petitioner and defendant/respondent. The same addresses should be used as are on the documents served.
First box, top of form, right side: this box should be left blank for the court’s use.
Second box, right side, indicates case number.
The server completes items 1 - 5 as follows:
The server states that he is over the age of 18 and that he is not a party to the action. He is also stating that he either lives or is employed in the county where the mailing took place.
The server prints his home or business address.
The server provides the place and date of the mailing and a list of each documents that he mailed.
For item 4, the server checks: (a) the box if he personally put the documents i the regular U.S. mail; or (b) the box if he put the documents in the mail at his place of business.
The server provides the name and address of each person to whom he mailed the documents.
Where do I send the Form POS-030?
The server signs the proof of service and returns it to the party to file in court.