Do you have questions about serving papers? Want to know more about the process and who's involved? Read on to answer some of your most frequently asked questions about Process Service.
What is Service of Process?
A service of process, or simply known as process service, is a legal procedure in the United States, which declares all parties must be notified when facing legal action against them in a court of law or an administrative court. Process service is accomplished through the delivery of a set or series of documents describing the legal action. Examples of documents that comprise service of process include summonses, complaints, subpoenas , writs, and other court documents. These documents are delivered to the individual whom the legal action is directed by a process server. Service of process must be served by an individual who is not a party to the case.
United States legal procedure requires that each party in a case should be notified if actions are taken against them in a court of law. Process serving is an important aspect of the Due Process of Law. Process serving laws and rules of civil procedure are different from state to state.
One type of service is called “substituted service”. This legal process of service is when the documents are left with an adult resident of the named party at the target’s home, or with a management level employee at their place of business. There are also circumstances when posting in a prominent place (followed up by a certified mail copy) is an accepted method of service.
Who can serve papers?
When service of process was first instituted, sheriffs or deputies, and agents of the court performed this important aspect of due process. Keep in mind that process serving laws differ from state to state and may change. Some states require that process server be licensed, some require registration with the county and in some states, they are required to post a surety bond.
What does a Legal Process Server do?
A legal process server delivers (serves) court documents to the defendant or individual listed on the legal document being served. The process server must serve the documents in accordance with the legislation in the area of service. This may mean handing the documents to the defendant personally or performing substituted service to someone in the same household or business. Once a process server delivers the documents, an Affidavit of Service, also called a Proof of Service, is notarized and given to the party who requested the service. Process servers will also file your papers with the courts, can do document retrieval and may offer various types of investigations: skip trace, people locates, surveillance, etc.
Will a process server file my papers with the court?
Yes, is the short answer. Most process servers offer a suite of legal support service including document filing and eFiling (electronic filing).
What is an Affidavit of Service and a Proof of Service?
An Affidavit of Service, also called a Proof of Service, is a signed document provided to you by your process server upon completion of serving your documents. Proof of Service states when, where, and who was served. There are a number of other affidavits that can be provided to you as a client. For instance, an Affidavit of Due Diligence may be provided if the person to be served cannot be located.
Can I serve papers myself?
You cannot serve papers for a case that you are involved in. Depending on your location, you may be able to serve papers yourself if you are 18 years or older and not a party to the case. However, many states require licensing or registration to be a professional process server.
Source: Serve Now