Is Service Valid if Left in the Mailbox by a Person Who's Not a Process Server?

Full question:

My stepson has lived with us since May of 2010. He is 21 years old. His mother lives in Massachusetts and he lived with her from 2000 to May of 2010. Paternity papers were left in his mother's mailbox (not mailed, not served by a process server or signed for by anyone) just left in her mailbox without a return address stating he is being sued by his ex for paternity of her kid born in December 2010. He broke up with this girl in January of 2010 and swears he can not possibly be the father. Since these papers were never legally served on him is this even a legit suit? Also if he were to take the paternity test can he take it in Omaha NE where he lives now? Does he need a Mass lawyer? There is something about 20 days to respond to this thing on the first page that I am worried about but since he wasn't even legally served do I need to worry about this time limit? He is willing to take a DNA test to prove he is not the father but I am thinking this whole thing may be a hoax to begin with. What are his rights and does he have to even respond to this?

• Category: Paternity
• Date: 04/07/2025
• State: Nebraska

Answer:

A complaint may be served by any person who is not a party and is not less than 18 years old. It will be a matter of determination for the court whether proper service was made based on all the circumstances in the case. We are prohibited from giving legal advice, as this service provides information of a general legal nature.

If DNA testing is ordered, it may be ordered to be done at a NE facility that meets the required standards. We suggest you contact a NA attorney who can review all the facts and documents involed.

Please see the following MA law regarding service:

“Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this Rule means: handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.”

See also:

RULE 4. PROCESS
(a) Summons: Issuance.
Upon commencing the action the plaintiff or his attorney shall deliver a copy of the complaint and a summons for service to the sheriff, deputy sheriff, or special sheriff; any other person duly authorized by law; a person specifically appointed to serve them; or as otherwise provided in subdivision (c) of this rule. Upon request of the plaintiff separate or additional summons shall issue against any defendant. The summons May be procured in blank from the clerk, and shall be filled in by the plaintiff or the plaintiff's attorney in accordance with Rule 4(b).
(b) Same: Form.
The summons shall bear the signature or facsimile signature of the clerk; be under the seal of the court; be in the name of the Commonwealth of Massachusetts; bear teste of the first justice of the court to which it shall be returnable who is not a party; contain the name of the court and the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the defendant to appear and defend; and shall notify him that in case of his failure to do so judgment by default May be rendered against him for the relief demanded in the complaint.
(c) By Whom Served.
Except as otherwise permitted by paragraph (h) of this rule, service of all process shall be made by a sheriff, by his deputy, or by a special sheriff; by any other person duly authorized by law; by some person specially appointed by the court for that purpose; or in the case of service of process outside the Commonwealth, by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is to be made, or who is designated by a court of this Commonwealth. A subpoena May be served as provided in Rule 45. Notwithstanding the provisions of this paragraph (c), wherever in these rules service is permitted to be made by certified or registered mail, the mailing May be accomplished by the party or his attorney.
(d) Summons: Personal Service Within the Commonwealth.
The summons and a copy of the complaint shall be served together. The plaintiff shall furnish the person making service with such copies as are necessary. Service shall be made as follows:
(1) Upon an individual by delivering a copy of the summons and of the complaint to him personally; or by leaving copies thereof at his last and usual place of abode; or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by statute to receive service of process, provided that any further notice required by such statute be given. If the person authorized to serve process makes return that after diligent search he can find neither the defendant, nor defendant's last and usual abode, nor any agent upon whom service May be made in compliance with this subsection, the court May on application of the plaintiff issue an order of notice in the manner and form prescribed by law.
(2) Upon a domestic corporation (public or private), a foreign corporation subject to suit within the Commonwealth, or an unincorporated association subject to suit within the Commonwealth under a common name: by delivering a copy of the summons and of the complaint to an officer, to a managing or general agent, or to the person in charge of the business at the principal place of business thereof within the Commonwealth, if any; or by delivering such copies to any other agent authorized by appointment or by law to receive service of process, provided that any further notice required by law be given. If the person authorized to serve process makes return that after diligent search he can find no person upon whom service can be made, the court May on application of the plaintiff issue an order of notice in the manner and form prescribed by law.
(3) Upon the Commonwealth or any agency thereof by delivering a copy of the summons and of the complaint to the Boston office of the Attorney General of the Commonwealth, and, in the case of any agency, to its office or to its chairman or one of its members or its secretary or clerk. Service hereunder May be effected by mailing such copies to the Attorney General and to the agency by certified or registered mail.
(4) Upon a county, city, town or other political subdivision of the Commonwealth subject to suit, by delivering a copy of the summons and of the complaint to the treasurer or the clerk thereof; or by leaving such copies at the office of the treasurer or the clerk thereof with the person then in charge thereof; or by mailing such copies to the treasurer or the clerk thereof by registered or certified mail.
(5) Upon an authority, board, committee, or similar entity, subject to suit under a common name, by delivering a copy of the summons and of the complaint to the chairman or other chief executive officer; or by leaving such copies at the office of the said entity with the person then in charge thereof; or by mailing such copies to such officer by registered or certified mail.
(6) In any action in which the validity of an order of an officer or agency of the Commonwealth is in any way brought into question, the party questioning the validity shall forthwith forward to the Attorney General of the Commonwealth by hand or by registered or certified mail a brief statement indicating the order questioned.
(e) Same: Personal Service Outside the Commonwealth.
When any statute or law of the Commonwealth authorizes service of process outside the Commonwealth, the service shall be made by delivering a copy of the summons and of the complaint: (1) in any appropriate manner prescribed in subdivision (d) of this Rule; or (2) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction; or (3) by any form of mail addressed to the person to be served and requiring a signed receipt; or (4) as directed by the appropriate foreign authority in response to a letter rogatory; or (5) as directed by order of the court.
(f) Return.
The person serving the process shall make proof of service thereof in writing to the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a sheriff, deputy sheriff, or special sheriff, he shall make affidavit thereof. Proof of service outside the Commonwealth May be made by affidavit of the individual who made the service or in the manner prescribed by the law of the Commonwealth, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or such other evidence of personal delivery to the addressee as May be satisfactory to the court. Failure to make proof of service does not affect the validity of the service.
(g) Amendment.
At any time in its discretion and upon such terms as it deems just, the court May allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process is issued.
(h) Certain Actions in Probate Courts: Service.
Notwithstanding any other provision of these rules, in actions in the Probate Courts in the nature of petitions for instructions or for the allowance of accounts, service May be made in accordance with G.L.c. 215, § 46, in such manner and form as the court May order.
(i) Land Court.
In actions brought in the Land Court, service shall be made by the court where so provided by statute.
(j) Summons: Time Limit for Service.
If a service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion.