Iowa Service of Process Rules

**Who Serves Process.** Original notices may be served by any person who is neither a party nor the attorney for a party to the action. A party or party’s agent may take an acknowledgment of service and deliver a copy of the original notice…Persons who are not peace officers, constables, sheriffs, or lawfully appointed deputies of such officers…may not serve any forms of civil or criminal process other than complaints, summonses, and subpoenas.

**Personal Service, Individuals.** Original notices are “served” by delivering a copy to the proper person. Personal service may be made as follows: Upon any individual who has attained majority and has not been adjudged incompetent either by taking the individual’s signed, dated acknowledgment of service endorsed on the notice; or by serving the individual personally.

**Substituted.** By serving, at the individual’s dwelling house of usual place of abode, any person residing therein who is at least 18 years old, but if such place is a rooming house, hotel, club or apartment building, the copy shall there be delivered to such a person who is either a member of the individual’s family or the manager, clerk, proprietor or custodian of such place; or upon the individual’s spouse at a place other than the individual’s dwelling house or usual place of abode if probable cause exists to believe that the spouse lives at the individual’s dwelling house or usual place of abode.

**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: Upon a minor…Upon any person adjudged incompetent…Any person confined in a county care facility… Upon a partnership…association…or a corporation, by serving any present or acting or last known officer thereof, or any general or managing agent, or any agent or person now authorized by appointment or by law to receive service of original notice, or on the general partner of a partner.

**Corporations.** A corporation’s registered agent is the corporation’s agent for service of process, notice, or demand required or permitted by law to be served on the corporation. If a corporation has no registered agent, or the agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the corporation at its principal office. Service is perfected under this subsection at the earliest of: a. The date the corporation receives the mail. b. The date shown on the return receipt, if signed on behalf of the corporation. c. Five days after its deposit in the United States mail, as evidenced by the postmark.

**Return of Service.** …shall be proved by the affidavit of the person making the service. If served in the state of Iowa by a person other than such peace officer…or in another state by a person other than a sheriff or peace officer, reasonable fees or mileage, not to exceed those allowed to a sheriff shall be taxed as costs. A return of personal service shall state the time, manner, and place thereof and name the person to whom copy was delivered; and if delivered under Rule to a person other than the defendant…it must also state the facts showing compliance with said rule. The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. Failure to make proof of service does not affect the validity of the service.