One crucial aspect of any legal case is ensuring the proper delivery of court documents. This step is where a process server comes in.
The legal system can be complex and intimidating, particularly when one is involved in a lawsuit or court proceeding.
Who Are These People?
They are usually licensed individuals who deliver legal documents, which typically include summonses, complaints, subpoenas, and court orders. They hand these court documents to named parties in a legal case.
This delivery process, known as “Process Service,” is a fundamental requirement for any legal action to proceed.
Why is Process Serving Important?
Process Serving involves two critical purposes:
- Notice
The court process server delivers this document to ensure all parties involved in a legal case know of the action against them. It allows them to respond to the allegations and participate in the court proceedings.
- Jurisdiction
For a court to have jurisdiction over a defendant, the server must deliver the legal documents to them. Hence, without proper service, the court may dismiss the case for lack of authority of the person or the lawsuit’s subject matter.
What Documents Do Process Servers Deliver?
Process servers typically deliver a variety of legal documents, including:
- Summons
This document officially notifies defendants of a lawsuit and informs them of the response deadline.
- Complaints
This paper outlines the allegations against the defendant. It also discusses the legal basis for the lawsuit. Generally, it allows the defendant to meet their accuser and defend themselves against them.
- Subpoenas
This document compels a witness to appear in court and testify or produce documents relevant to the case.
- Court Orders
This document mandates a specific action by a party involved in the legal case.
How Does a Process Server Locate the Recipient?
Finding the recipient of legal documents can be challenging, especially if they are evasive. Thus, process servers employ various methods to locate individuals, including:
- Public Records Search
This process involves searching public databases for information such as addresses, phone numbers, and property ownership records.
- Skip Tracing
This step refers to the specialized practice of locating individuals who have disappeared or are trying to avoid service. Skip tracers utilize various resources, including public records, social media, and interviews with acquaintances.
- Surveillance
In some cases, a professional process server may conduct surveillance. This step aims to observe the recipient’s routine and determine the best time and location for service.
The Process of Service
The specific service method may vary depending on the document type and the local court rules. However, here are some general procedures servers follow:
- Personal Service
It’s the preferred method and involves physically handing the documents to the recipient.
- Substitute Service
If personal service is impossible, the legal process server may leave the documents with a responsible adult at the recipient’s residence or workplace.
Publication Service
Suppose the server can’t locate the defendant after a diligent effort. In that case, the court may authorize service by publication in a local newspaper. Consequently, the notice the court sent is considered “notice in rem” or notice to the whole world.
How to Hire Process Servers
Individuals involved in a lawsuit typically do not hire process servers directly. Instead, they work with their attorney, who will have a network of reliable process servers they can recommend.
Here are some factors to consider when choosing a private process server:
- Experience
Look for a server with a proven and stellar track record of successful service.
- Local Knowledge
If the recipient resides in a different jurisdiction, consider hiring a court server familiar with the local laws and procedures.
- Insurance
Ensure the server has adequate insurance coverage to protect against any errors or omissions.
- Cost
These servers usually charge based on the speed at which you want your legal documents delivered.
What Happens After the Service is Complete?
Once the recipient gets the notice, the certified process server files an affidavit of service with the court. This document confirms that they completed the service according to the law. Here, they also provide details of the date, time, location, and method of service.
Get Your Legal Documents Delivered Fast
Court notice servers assume a vital role in the legal system by ensuring the proper delivery of court documents. Their work is essential for upholding due process and allowing legal cases to proceed fairly.
Let Freestate Investigations handle your legal needs efficiently and professionally. Contact us today for a fast and reliable process server and experience top-notch service and expertise you can trust.