A Quick Overview of Process Service
What is process service…
Under the law, if a party is facing legal action, they must be notified. This is referred to as service of process. This involves a legally-authorized (sometimes court appointed) process server serving the person or business indicated on the documents in person.
If the servee is uncooperative, they do not have to physically touch the documents in order for service to be complete. The process server must only advise them of the general nature of the service and be able to identify them. If the servee is uncooperative and refuses their name, the process server may provide a description to the court, as well as take a photograph of the person served. If served at a residence, once the servee opens the door, they have voluntarily waived their expectation of privacy.
does the servee have to be served PERSONALLY…
Whether or not the the person listed on the documents have to be served directly or personally, depends on the type of documents and the originating state where the documents were issued. Some states do allow other members of the household to be served and the minimum age of that person varies.
When serving a business, typically, any person in charge that is present during regular business hours may be served.
Why do i need a process server…
A process server is either licensed or must meet minimum criteria in the state of origin in order to serve legal documents. They must understand the law and, not only, what is required to legally server your documents, but also the affidavit or proof of service that documents the service. Upon completion of the process service, the process server will provide you an affidavit that you will then file with the originating court.
CAN’T I HIRE A SHERIFF’S DEPUTY INSTEAD…
You absolutely can. However, a process server is typically more flexible and may make more attempts. While others may charge a few dollars less, tenacity and communication makes the difference in the successful due diligence.
can you guarantee the service will be successful…
Nobody can guarantee successful service of process. There are a lot of factors regarding the entity that we are assigned to serve that nobody can control. These factors include whether or not they are at the given address, whether they are home at the various times of the attempts, or how diligent they are at hiding out and trying to avoid service.
Someone who refuses to answer the door may require hiring the process server to be stationed on the street outside of the residence awaiting the servee to come or go from the location.
Due diligence entails going to the location on different days and different times of the day, thus, doing nearly everything legal and reasonable to attempt success.
OVERVIEW…
Process servers are used in a variety of tasks such as serving summonses, subpoenas, mechanics liens, and notices, as well as sometimes document retrieval. The main job of a process serving company is to serve legal documents to a defendant, a witness, records custodian, or other interested party in a court case.
After serving any legal documents, process servers must provide the client with an affidavit to be filed by the client with their court to prove the service of process was completed. States vary as to whether the service of process must be notarized.
Process servers are legally required to serve papers in the correct manner laid out by the state where the legal documents originated. Process serving laws vary by state, so each individual process server should be advised by his out of state client if there are any particular laws to be followed exclusive to the state of origin.
Florida documents require certain notations on the service document to be made by the process server when effectuating service. Most states allow process to be served seven days a week except, most notably, Florida, New York and Texas. They do not allow Sunday service.
If there are any laws specific to your state, let your process server know in writing prior to the service of process.