The U.S. Constitution establishes the service of due process as a distinct privilege afforded the nation’s citizens. What this means is that every citizen has the right, according to the Fourth and Sixth Amendments, to be informed that they are being legally summoned, and that a case has been brought against them.
Process servers started out as simple messengers to let people know they were being summoned and what specifically the legal issue was for which the summons was issued. The job of delivering legal papers originally was left to the county sheriff. As the population in many areas grew, however, the job grew too big for the sheriff, who was also tasked with generally enforcing the law. So the process server system was established.
Today, process servers complete a variety of tasks, including serving legal documents, retrieving documents, and filing court papers. When a legal document is served, the process server also must provide evidence that the service has, indeed, taken place. These affidavits of service must be notarized and given to the person or entity that requested the service, though the specifics of the procedure will vary by state.
Without the proper service of legal documents, courts would be unable to take up the case if the individual was not legally notified of the pending issue. In fact, if the process server fails to properly perform their duty, the case could wind up being thrown out of court entirely.
When a person or business needs to notify someone that they have brought legal action against them, then, it is vital to become familiar with the particular procedures required in the state where the action is brought. Contacting a professional process server who is up to date on local legal requirements, then, will cut down on mistakes and reduce any undue delays.
