What Is Process Service?
A legal process server delivers (or serves) legal documents like Statements of Claim, writs, summons, subpoenas, complaints and other court documents to a defendant or an individual involved in a court case.
The process server must serve the documents strictly in exact accordance with the legislation in the area of service.
This may mean handing the documents to the defendant personally or substitute serving to someone in the same household or business.
Once the documents are served, the process serving agent must provide a sworn "Affidavit of Service," as proof that the papers were served.
The courts usually accept an "Affidavit of Service," which must be sworn and given to the party who requested service who must file it in court.
ABOUT PROCESS SERVERS
WHAT THEY CAN DO FOR YOU
Why Use a Process Server?
- You do not have to be a lawyer to use a process server.
- The rules for serving of Court documents are complicated.
- Law Firms use process servers to serve Small Claims Court documents because they know the job will get done properly.
- You may not want to confront the person that you are suing in court.
- You may consider giving the document to a friend to serve but there is a possibility that your friend may get injured while serving the document.
- The person that you are suing may hide
- You may feel that it is too dangerous for you to personally serve the person that you are suing. It is dangerous to serve women who frequently falsely make threatening or harassing complaints.
- You may not be able to find the person(s) that you want to serve. Process servers have many ways to find them.
- Process servers know the rules governing service of legal documents.
- Legal documents must be served properly otherwise they may not be deemed valid resulting in potential problems, even dismissal, of the lawsuit.
- You may have several defendants that have to be served in a specific sequence. If they are not served properly then one could notify the other(s) who might then hide. As a result, you might lose the lawsuit in the Courts or have a weaker case.
- There are also rules governing when (times, days) legal documents can and can not be served in order to serve documents properly.
- There may be situations where the plaintiff knows where the defendant is but the defendant may be hard to access such as in an Apartment building or a Condominium. Process servers can overcome that problem.
- If you attempt to serve someone at home and the person will not open the door for you then it is not considered proper service
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