What Exactly Is Service of Process?
Unless you live in a utopian world, lawsuits are an unfortunate fact of life. Every court case involves a plaintiff, who files for the lawsuit, and a defendant, who is having the action taken against him and must defend himself. The United States requires that the defendant be properly notified of the court case. This is called maintaining Due Process of Law through Service of Process. Laws and rules differ in each state, of course, but the general idea remains the same.
The defendant must be notified of his involvement in the case through personal delivery of the legal court documents (service papers). Service papers often include summons, complains, subpoenas, and writs. There are many regulations in place that dictate where and how papers can be served.
Who Is Responsible For Service of Process?
Service of process was originally performed only by sheriffs, deputies, and agents of the court, but there are simply too many papers waiting to be served for the court agents to be solely responsible for the task. Legislation recently changed to give qualified people outside of law enforcement the ability to serve papers. Private Process Servers now run businesses specifically for this purpose.
What Role do Private Process Servers Play?
Private process servers are experts in process of service and know exactly how to deliver court papers effectively and expediently. If you hire a Private Process Server, he will complete all research necessary to identify the exact rules of Service of Process in the indicated jurisdiction, locate the party in question, deliver the documents, and provide a notarized Proof of Service to you.
Though you could avoid paying a private server money by allowing the courts to serve papers to the defendant in your case, it’s worth the investment to trust your papers with a private process server. Private servers complete all complex research required to identify the specific rules of serving papers in a certain jurisdiction. They also give your papers top priority, complete the process quickly, and provide a clear point of contact for any questions or concerns.
If for any reason your papers are not served in accordance to specific state rules, your case can be delayed or dismissed, so it is crucial to hire a trustworthy private process service.
