Service on Military Bases

As we shared in a previous post, service of process cannot take place on federal property.

Service on military bases can be tricky. Individuals cannot be served straightforwardly on military bases. Unless service is authorized, there is no guarantee it will be successful. However, sometimes, members of the military must be served, just as anyone else.

According to the Code of Federal Regulations for the Army (32 C.F.R. § 516.10):

“DA officials will not prevent or evade the service of process in legal actions brought against the United States or against themselves in their official capacities. If acceptance of service of process would interfere with the performance of military duties, Army officials may designate a representative to accept service. DA personnel sued in their individual capacity should seek legal counsel concerning voluntary acceptance of process.”

As Bob mentions in this video, the provost on the base is usually the point of contact and determines whether service will be authorized.

For more information regarding service of process on military bases, visit How to Serve Legal Documents to Members of the U.S. Military. ♦

 

Transcript:

Military bases, because you have a lot of foreclosures going on now, of course you can’t serve anybody in the military anyway for a foreclosure, but if you have service of process on somebody on a military base, you cannot serve them on the base.

Normally, what happens is you have to go and ask to see the provost. They will escort you in to see the provost. You will tell him, “I have a summons I need to serve on Sergeant Smith. It’s a divorce action.” Okay. The provost then has the option. He can have Sergeant Smith meet you outside the front gate or he can ask Sergeant Smith to come into his office and be a witness to the service and sign off on it. That’s the only way you can serve on a military base, if the provost is present and authorizes you.