Paperwork can be complicated. If you are unaware of the ins and outs of the judicial process, you may find yourself confused with the steps you will need to take, especially in processing legal documents.
The judicial system tends to have numerous jargon that makes it difficult for regular citizens to understand, making the process more tedious than it needs to be. That's why it's essential to have a little knowledge of the individuals that help create progress in the courtroom.
When you need to call someone's attention to a courthouse, doing it yourself can be dangerous and overlook the current justice system. There are individuals trained for these tasks who have a vast knowledge of the law.
Table of Contents
What are Process Servers?
Before we get to the nitty-gritty of the subject, you must understand the words tossed around if you need to serve papers or serve legal documents. First, get to know the process server and their role in a law firm.
A process server is a certified professional in the judicial system that delivers legal documents to the case defendants. Process servers have different requirements depending on the state, as law practices vary, but generally, they are in charge of delivering the service or process.
Therefore, if you get a process server to serve documents for your case, you will need someone familiar with that state's laws and judicial system.
A professional process server is trained to find the individuals the papers and legal documents they are addressed to. They are an integral part of the justice system, and their work is valuable to the parties involved.
While process servers' sole jobs are to do that, some jurisdictions will allow local law enforcement to do the job. However, it is still recommended to have a licensed process server handle your papers to ensure the quality of work and the timeliness of the case.
Key Takeaways
- Each state has different processes for process servers;
- Local law enforcement can become process servers;
- A licensed process server is highly recommended for the job.
What Kind of Papers Does Process Server Serve?
Process servers can deliver different legal documents that inform the defendant of the case. Here are the main types of documents they may be allowed to give:
- Writs
- Subpoenas
- Complaint
- Summons
They may also deliver other documents such as eviction notices, divorce papers, bankruptcy petitions, or contact orders. It is important to note that they are not the ones creating the articles but simply delivering them promptly and correctly.
How Can You Begin to Serve Someone?
No one can get served out of the blue and without prior warning. Therefore, a service of process needs to be undertaken before a defendant can be called into court. This is what a process server will do; as someone knowledgeable of the state's laws and procedures, they can go ahead with the service of process and deliver the necessary documents to the defendant of the case.
Process servers will handle the service of the process correctly, legally, and promptly. A skilled and talented process server will locate the defendant to deliver the serve papers.
The legal documents that need to be submitted can be carefully curated and handled by your chosen law firm. This will ensure that the papers you will be presenting and that your process server will be delivering will have no flaw in its pages. The forms are for the defendant to know the case and create a smooth flow in the judicial system.
Key Takeaways
- A service of process is a required procedure to notify the defendant;
- A process server handles the service of the process;
- The process server is trained to locate the defendant to serve papers justly;
- The legal documents served can be handled by your law firm.
What Information Do You Need to Provide?
A process server won't instantly be able to know the defendant from the papers themselves. You will need to provide sets of information for the process server to locate and identify the individual or entity in question cited in the lawsuit.
You can hand over a photo of the defendant to the process server for accuracy, besides the name and address already on the paper. You can provide more information to the process server, providing that it is still within legal procedures and with the affirmation from the law firm you've hired.
Key Takeaways
- Provide a photo of the defendant;
- Name, address, and personal information required and needed to locate.
What If There is More Than One Defendant?
If your lawsuit names more than one person to be served, then the process server must deliver it to all defendants. A service of process will then be made to every named individual, corporation, city, or other entities cited in the lawsuit.
The service of process does not have a limit as long as it is appropriately cited in the lawsuit provided. The process server will handle these papers accordingly, following the rules and regulations befitting the person or entity named in the legal document.
Key Takeaways
- There are no limits to service of process;
- The process server will deliver the documents to all named in the lawsuit.
What Time Can a Process Server Deliver Serve Papers?
Now to get straight to the point. As mentioned above, each state will have different laws and regulations depending on where you are filing the case. Depending on the state, the process server can be someone from local enforcement or someone licensed for the job to serve legal documents.
In most areas, it is possible for process servers to serve papers at any time and any day. Holidays are no exception. After receiving the documents they need to deliver, the professional process server will quickly locate the individuals mentioned in the lawsuit and deliver them following the state's law. However, some states don't process these during Sundays or a specific day of the week.
The process server may set its own rules or have a conversation with you and the law firm to talk about the timeliness of the lawsuit. This will help the process server instill its deadlines to perform better and faster for the client.
Key Takeaways
- In most states, the professional process servers can serve papers any time and any day, even during Holidays;
- Some states don't process during specific days of the week;
- Process servers can set their deadlines
What If the Person Being Served is Not at Home to Receive the Legal Documents?
It is not uncommon for persons called into court to not be available whenever a process server arrives to deliver the legal documents. While this will make the process longer, all it does is delay the inevitable, considering you've filed all legal procedures and simply waiting for the process to happen.
When the individual is unable to be located or is not at home for the process server to serve documents, it will be up to the process server to determine the best course of action. They can locate them through their offices or possible representatives.
Process servers still have to follow the laws and rules of the state and, therefore, cannot simply enter the premises. They should still act as responsible individuals, especially as persons in charge of serving the law.
Conclusion
In any country or state, the legal process will be long, tedious, and complex. However, it is always made easier because of the trained, certified, and licensed individuals to make it easier for you and for the judicial system to serve justice.
You can find certified and licensed process servers in reputable law firms that can quickly handle your cases. These law firms will make your lives easier and ensure that the justice you need will be adequately served.
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