LEGAL PRINCIPLE: CIVIL PROCEDURE – Service of Process – Personal Service on a Natural Person
PRINCIPLE STATEMENT
A natural person plaintiff (living individual) is not an incorporated body or association; service upon them cannot be effected through servants, employees, or at a place of business—personal service is required.
RATIO DECIDENDI (SOURCE)
"The plaintiff is a living person and not an incorporated body or association the service upon which can be effected over its servant or employee or place of business."
EXPLANATION / SCOPE
Service methods vary by party type. Natural persons require personal service (delivery to them personally or substituted service if authorized). Corporations and associations can be served through officers, registered offices, or places of business. This distinction ensures natural persons receive actual notice. Service on an individual’s employee or at their business premises doesn’t constitute valid service unless specifically authorized. Personal service ensures: the individual actually receives notice; proper identification of the served party; and compliance with due process requirements. Exceptions include: substituted service (when court authorizes alternative methods after showing personal service is impracticable); service on authorized agents; or service by leaving documents at residence with adult household member (in some jurisdictions). The principle prevents parties from avoiding service requirements by treating individuals like corporations.