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The Post Office Process Server form plays a vital role in the legal landscape, particularly in ensuring the effective service of legal documents to individuals whose whereabouts may be in transition. It is specifically designed for requesters, often process servers or attorneys, to formally request a change of address or boxholder information necessary for serving legal process. This form requires detailed information, including the name of the individual to be served, their last known address, and if applicable, the name of the boxholder. Notably, it emphasizes the importance of providing accurate and truthful information, as submission of false data can result in severe penalties. A requester must indicate their capacity, cite the applicable statute when necessary, and list all known parties involved in the litigation. Furthermore, the form stipulates that only one request may be submitted per completed document, ensuring that each case is treated with careful attention. Importantly, there is no fee associated with obtaining this information, making it an accessible resource for those involved in legal proceedings. Understanding the nuances of the Post Office Process Server form is essential for navigating the complexities of legal service and maintaining compliance with relevant regulations.

Post Office Process Server Example

Exhibit 5-2b

 

Change of Address or Boxholder Request Format — Process Servers

 

Postmaster

Date____________________

____________________________

 

City, State, ZIP Code

 

REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION

NEEDED FOR SERVICE OF LEGAL PROCESS

Please furnish the new address or the name and street address (if a boxholder) for the following:

Name:_________________________________________________________________

Address:_______________________________________________________________

Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxholder information.

The following information is provided in accordance with 39 CFR 265.6(d)(5)(ii).

There is no fee for providing boxholder or change of address information.

1.Capacity of requester (e.g., process server, attorney, party representing self):_____________

2.Statute or regulation that empowers me to serve process (not required when

requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): ___________________

3.The names of all known parties to the litigation: ______________________________________

4.The court in which the case has been or will be heard:________________________________

5.The docket or other identifying number (a or b must be completed):

____ a. Docket or other identifying number: ________________________

____ b. Docket or other identifying number has not been issued.

6. The capacity in which this individual is to be served (e.g., defendant or witness) __________________________

WARNING

THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001).

I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in conjunction with actual or prospective litigation.

_________________________________________ ________________________________

Signature

Printed Name

Address

 

_________________________________________________________________________

City, State, ZIP Code

_____________________________________________________________________________________________________

POST OFFICE USE ONLY

_________No change of address order on file.

NEW ADDRESS OR BOXHOLDER’S NAME

_________Moved, left no forwarding address.

AND STREET ADDRESS

_________No such address.

________________________________________________

 

________________________________________________

Form Characteristics

Fact Name Description
Purpose The Post Office Process Server form is used to request a change of address or boxholder information necessary for the service of legal process.
Submission Requirements Only one request can be submitted per completed form. The name and last known address are mandatory for a change of address request.
Governing Regulations The submission process is guided by Title 39 of the Code of Federal Regulations, specifically 39 CFR 265.6(d)(5)(ii).
Legal Penalties Providing false information may lead to serious consequences, including fines up to $10,000 or imprisonment for up to 5 years as outlined in Title 18 U.S.C. Section 1001.
Requester Capacity Individuals using the form must indicate their capacity (e.g., process server, attorney) and, if applicable, cite the relevant statute that allows them to serve legal process.

Guidelines on Utilizing Post Office Process Server

Once the Post Office Process Server form has been completed, it is vital to ensure that all necessary information is accurate and clearly presented. This will facilitate the timely handling of requests for changes in addresses or boxholder information by postal authorities. Following the completion of the form, you will submit it to the appropriate Post Office for processing.

  1. Date: Enter the current date in the designated area.
  2. City, State, ZIP Code: Fill in the city, state, and ZIP code under the Postmaster section.
  3. Name: Provide the name of the individual for whom the address change is being requested.
  4. Address: Complete the address field with the individual's last known address.
  5. Capacity of requester: Specify your role, such as process server, attorney, or self-represented party.
  6. Statute or regulation: State the relevant statute if you are not an attorney or self-represented party.
  7. Names of all parties: List all known parties involved in the litigation.
  8. Court information: Indicate the court where the case has been or will be heard.
  9. Docket number: Complete either subsection a or b, providing the docket number or indicating it has not been issued.
  10. Capacity in which served: Describe the capacity of the person being served, such as defendant or witness.
  11. Warning: Be aware of the warning regarding the submission of false information, including possible criminal penalties.
  12. Certification: Sign the form to certify that the provided information is accurate and solely for legal process service.
  13. Printed name and address: Print your name and write your address, city, state, and ZIP code at the end of the form.

After ensuring all information is filled out correctly, you will submit the form to the relevant postal office for processing. It is critical to retain a copy for your records and follow up if necessary.

What You Should Know About This Form

What is the Post Office Process Server form used for?

The Post Office Process Server form is specifically designed to request a change of address or boxholder information necessary for the service of legal documents. This ensures that legal processes can reach the appropriate parties effectively.

Who can use the Post Office Process Server form?

This form can be completed by process servers, attorneys, or individuals representing themselves in legal matters. Each requester must identify their capacity when submitting the form.

Is there a fee to submit this form?

No, there is no fee associated with filing the Post Office Process Server form. The service of obtaining boxholder or change of address information is provided free of charge.

What information is needed to complete the form?

To successfully complete this form, individuals must provide their own information and details about the party whose address is being requested. Required information includes the requester’s name, the original address of the party, names of all known parties in the litigation, the court involved, and the docket number if applicable.

What happens if I provide false information on the form?

Providing false information on the Post Office Process Server form can lead to severe consequences. There could be criminal penalties, including fines of up to $10,000 or imprisonment for up to five years. It is crucial to certify the accuracy of all information provided.

How many requests can be made on one form?

Only one request is permitted per completed form. For additional requests, a separate form must be filled out. This helps ensure clarity and organization in processing requests.

What if I don't know the docket number?

If the docket or other identifying number has not been issued, it is necessary to select that option on the form. It is vital to ensure that all applicable sections are completed to avoid delays in processing your request.

How do I ensure my request is processed?

To ensure efficient processing of your request, provide all required information clearly and accurately. Additionally, signing the form certifies that the information is correct and confirms its intended use solely for legal process purposes.

What does the Post Office do after receiving the form?

Upon receiving the form, the Post Office will review the information provided. They will then confirm if a change of address order is on file or if there is no forwarding address available, which will reflect on the form's processed section.

Common mistakes

Filling out the Post Office Process Server form requires careful attention to detail. One common mistake individuals make is failing to provide complete and accurate information in the designated fields. Each section, from the requester's capacity to the names of all parties involved, should be filled out thoroughly. Incomplete entries may cause delays in processing the request or even result in rejection.

Another frequent error is neglecting to indicate the correct statute or regulation that empowers the server when applicable. While attorneys do not necessarily need to provide this information, others must ensure they include accurate references. Providing this detail is essential for establishing authority and validating the request.

Many individuals overlook the importance of including all known parties to the litigation in their submissions. Omitting any parties can complicate the process and may hinder the successful delivery of legal documents. Therefore, it is critical to list each party involved to prevent future complications.

Some people fail to specify the court in which the case is being heard, which can create unnecessary confusion. Including this information helps to contextualize the request and informs the Post Office staff about the relevance of the inquiry.

In addition, the requirement to fill in the docket or identifying number is sometimes misunderstood or completely ignored. Completing this section with either a number or an indication that one has not been issued is required. Skipping this step can lead to significant complications because the form may appear unfinished.

Another mistake frequently occurs when applicants fail to properly state the capacity of the individual to be served. This detail is critical in ensuring that the correct person receives the legal notice. Misidentifying the person can lead to issues with service, potentially jeopardizing the case.

Finally, individuals sometimes underestimate the consequences of submitting false information on the form. Misrepresenting facts can result in severe penalties, including fines or imprisonment. Recognizing the significance of honesty when completing this document is crucial, as it ensures compliance with legal standards and promotes fair service of process.

Documents used along the form

When utilizing the Post Office Process Server form, several additional documents may be necessary to ensure proper legal service and compliance with the requirements. Each of these forms serves a specific function in the legal process.

  • Summons: This document officially informs a person that a legal action has been taken against them and requires their appearance in court. It outlines the time frame and jurisdiction of the case.
  • Complaint: The complaint outlines the plaintiff's allegations against the defendant. This document sets forth the claims and the relief sought, forming the basis of the lawsuit.
  • Affidavit of Service: After serving documents, a process server must complete this affidavit. It provides proof that the individual was served with the legal documents, including details of how and when the service occurred.
  • Notice of Appearance: This form is filed by the defendant or their attorney to formally notify the court that they are appearing in the case. It allows them to participate in the legal proceedings.
  • Request for Admissions: This document allows one party to request that the other party admit or deny certain facts before trial. It can help streamline the case by narrowing down the issues that need to be resolved.
  • Interrogatories: A set of written questions sent by one party to another, which must be answered in writing and under oath. They are used to gather information and clarify the facts of the case.

Understanding these supporting documents can enhance the efficiency of the legal process and ensure a smoother experience when serving legal documents. It is crucial to complete and file each document accurately and within the specified time frames for effective legal proceedings.

Similar forms

  • Summons: A summons notifies a defendant that they are being sued and provides essential information about the court case. Like the Post Office Process Server form, it requires specific information, including names, addresses, and the nature of the legal action.
  • Subpoena: A subpoena compels a witness to appear in court or produce evidence. Similar to the Post Office Process Server form, it demands clear identification of parties involved and serves a specific legal purpose.
  • Notice of Service: This document confirms that legal papers have been delivered to the appropriate parties. Both this notice and the Post Office Process Server form seek to establish and document proper service of legal processes.
  • Proof of Service: This document provides evidence that service of process has been completed. It, like the Post Office Process Server form, requires information about the served individual and the method of service.
  • Change of Address Form (USPS): This form allows individuals to notify the postal service of their new address. Both this form and the Post Office Process Server form involve a request for address information, although the latter is specifically for legal purposes.
  • Request for Admissions: This document requests that the other party admit or deny certain facts relevant to a case. Similar to the Post Office Process Server form, it is utilized in legal proceedings and requires detailed information about the parties involved.
  • Interrogatories: Interrogatories are formal sets of written questions that one party sends to another during a lawsuit. As with the Post Office Process Server form, they are used to gather information essential for the litigation process.

Dos and Don'ts

When filling out the Post Office Process Server form, it's essential to follow certain guidelines to ensure successful submission. Here is a list of things you should and shouldn't do:

  • Do double-check that you have filled in all required fields.
  • Do clearly print your name and contact information to avoid any confusion.
  • Do ensure your signature matches the name you provided.
  • Do submit only one request per completed form as instructed.
  • Do verify the statute empowering you to serve process if applicable.
  • Don't use abbreviations or shorthand that might lead to misunderstandings.
  • Don't provide false information, as this could lead to criminal penalties.
  • Don't leave any fields blank unless they are marked as optional.
  • Don't forget to note the capacity of the individual you intend to serve.
  • Don't submit the form without reviewing it for accuracy.

Misconceptions

There are several misconceptions surrounding the Post Office Process Server form that can lead to confusion. Understanding these can help ensure that the process runs smoothly.

  • One request per form means you can’t change multiple addresses at once. Many believe that they can list several addresses or names on a single form. However, each form is strictly for one request only, so multiple forms must be submitted for different addresses.
  • Anybody can request a change of address without limitations. While the form is available, not everyone can complete it freely. Only individuals like process servers, attorneys, or parties representing themselves are permitted to submit the form, and they must indicate their capacity clearly.
  • There is a fee for obtaining boxholder information. Contrary to popular belief, there is no fee required for accessing boxholder or change of address information. This might surprise some who assume that such requests always come with a cost.
  • You don’t need accurate information to submit the form. Some think it’s okay to provide vague or incomplete details. In reality, accurate and thorough information is critical; the request must include the last known name and address for processing.
  • Submitting false information has no real consequences. A dangerous misconception! The form clearly states that providing false information can lead to significant legal penalties, including fines or imprisonment. This underscores the importance of honesty in all such submissions.

Key takeaways

Filling out the Post Office Process Server form requires attention to detail and a clear understanding of the information needed. Here are nine key takeaways to consider:

  • Single Request Only: Each form is intended for only one request regarding a change of address or boxholder information.
  • Required Information: Include the name and last known address or the name and box address as applicable.
  • Identification of Requester: Clearly state the capacity in which you are submitting the request, such as as a process server, attorney, or self-represented party.
  • Statutory Basis: If you are serving process under specific statutes, include the relevant statute or regulation, unless you are an attorney or self-represented party.
  • Litigation Details: Provide the names of all known parties involved in the litigation, as well as the court where the case is or will be heard.
  • Docket Information: Complete the section regarding docket or identifying numbers; provide either the number or indicate that it has not been issued.
  • Capacity of Service: Indicate the role of the individual to be served, such as defendant or witness.
  • Truthful Representation: Be aware that submitting false information can lead to severe consequences, including criminal penalties.
  • Signature Requirements: Ensure the form is signed by the requester, with complete and accurate contact information provided.

By keeping these points in mind, individuals and parties can effectively utilize the Post Office Process Server form to facilitate the service of legal process.