How to Properly Serve Federal Officers, Agencies, and Corporations in Their Official Capacity

Serving legal documents on federal officers, agencies, and corporations requires strict adherence to federal laws and court rules. Failure to follow the correct procedures can result in a case being dismissed due to improper service.

This guide provides a detailed breakdown of how to serve federal entities, including legal references, key considerations, and the importance of using a professional process server to ensure compliance.

Understanding the Legal Framework for Serving Federal Entities

Under USAM 4-2.310, when serving a federal officer, agency, or corporation being sued in their official capacity, specific legal procedures must be followed.

In addition to serving the United States, a copy of the summons and complaint must be sent via registered or certified mail to the respective officer, agency, or corporation.

This process is governed by:

✔ 28 U.S.C. § 1391(e)(2) – Allows for service beyond the territorial limits of the district where the lawsuit is filed, particularly when the officer or agency is suable in Washington, D.C.

✔ Federal Rule of Civil Procedure 4(i)(2) – Establishes procedures for serving federal entities.

Key Legal Considerations for Process Service on Federal Entities

When serving a federal officer or agency, the following rules must be followed:

1. The officer or employee must be sued in their official capacity, If the lawsuit is against them in their personal capacity, different service rules apply.

2. Service must be made on the United States, the agency, and the Attorney General, failing to serve all required parties can result in the court lacking jurisdiction over the case.

3. The service requirements must be strictly followed, improper service can lead to dismissal of the case.

Relevant Case Law on Serving Federal Officers and Agencies

Several court cases highlight the importance of following proper service procedures:

• Relf v. Gasch, 511 F.2d 804, 808 n.18 (D.C. Cir. 1975) – Emphasized compliance with federal service requirements.

• Stafford v. Briggs, 444 U.S. 527 (1980) – Addressed jurisdictional issues when serving federal officers.

• Smith v. McNamara, 395 F.2d 896 (10th Cir. 1968), cert. denied, 394 U.S. 934 (1969) – Discussed service requirements for government officials.

• Wallach v. Cannon, 357 F.2d 557 (8th Cir. 1966) – Clarified that personal service on the Inspector General is not valid for official capacity lawsuits.

How to Serve the Inspector General or the Office of Inspector General (OIG)

Serving the Inspector General (IG) or Office of Inspector General (OIG) in their official capacity requires two key steps:

1. Serving the United States – As required under USAM 4-2.310, this includes:

   • Serving the U.S. Attorney for the district where the lawsuit is filed.

   • Serving the Attorney General of the United States in Washington, D.C.

2. Sending a copy of the summons and complaint via registered or certified mail to the Inspector General or OIG at the official service address:

   
   

   Service Address:

   Office of Inspector General

   Attn: Office of Counsel to the Inspector General

   U.S. Department of Health and Human Services

   Room 5276, Cohen Building 330

   Independence Ave., S.W.

   Washington, DC 20201

   
   

Important: The Inspector General must be sued in an official capacity. Personal service on the IG or any OIG employee is not valid, as established in Wallach v. Cannon, 357 F.2d 557 (8th Cir. 1966).

Why Use a Professional Process Server for Federal Service?

Serving federal agencies and officers is not the same as serving private individuals or businesses. The strict requirements for serving the United States make hiring a professional process server essential.

A Professional Process Server Ensures:

✔ Accurate and legally compliant service – Avoid costly mistakes that could result in a case dismissal.

✔ Proper identification of the correct recipient – Ensuring that service is made to the right office or officer.

✔ Timely and valid service – Meeting all federal deadlines and legal requirements.

✔ Expert handling of substituted service – When required under 28 U.S.C. § 1391(e)(2).

✔ Proof of service – Providing court-admissible documentation of service.

Need to Serve a Federal Agency or Officer? Chesapeake Process Servers Can Help!

At Chesapeake Process Servers, we specialize in serving federal agencies, officers, and corporations in full compliance with federal laws and court rules.

✅ We ensure legal compliance with federal service rules.

✅ We offer registered or certified mail service for federal entities.

✅ We handle substituted service when needed.

✅ We provide rush and same-day service for urgent cases.

Avoid case delays and legal issues, trust Chesapeake Process Servers for professional process service!

Contact us today to discuss your federal service needs.