Who is a process server?
Have you watched a movie or film and one of the actors got approached and after some chit-chat was hit with the line, “You have been served!”? Well, process servers carry the burden of serving documents to individuals stating why they are to appear in court and when. Unfortunately, TV doesn’t fully portray their role.
A process server is a professional who serves legal documents pertaining to a legal case. They do this through what is termed as process service which encompasses the delivery of a wide range of documents such as restraining orders, divorce papers, summonses, subpoenas, and complaints among others.
The law requires that an individual enjoy their right to know of any legal proceedings against them promptly so that they can have a fighting chance to build their defense. As such, if you start a legal process against someone, you are required to present them with legal documents stating what the case is all about and when they will be required to make an appearance in court. Different states have different laws on how the legal documents are to be served. You as an individual may not know how the documents are to be served, but a professional process server does.
Process servers don’t stop at serving legal documents. They have good research skills which make it possible to track and trace elusive individuals. They also have sufficient legal information since they work closely with other legal professionals. As such, they can also be of help on things such as filing court papers, performing document retrievals, and obtaining public records from places such as police departments or other government offices. It is no wonder they are sometimes confused for lawyers or private detectives!
Can I be the process server?
Depending on the state where the case has been filed, the server can be an unlicensed individual over the age of 18 years of age or a licensed process server. If you file in a state that doesn’t require a licensed process server, you may still not be allowed to serve the papers as you are deemed biased. However, another person over the age of 18 and of sound mind may serve the papers on your behalf as long as they are not part of the case.
You may not appreciate a process server’s role until you or someone you know has to present legal documents to an elusive person. Imagine having to serve paper to a violent ex-partner for example. You may wish to serve a restraining order for example on the ex-partner who takes pleasure in harassing you. You wouldn’t want to take on this job, which is where process servers come in. You may not have a violent ex-partner but have someone who insists on sexually harassing or stalking you, restraining orders can be served.
How are the papers served?
Generally speaking, the court documents have to be served in person. However, there are instances where it may be possible to serve the documents by email, fax, or mail among others. With the changing world, there are also limited cases where the documents have been served via social media. There has to be sufficient proof however that the social media account belongs to the person that has to be served. With the fast change in technology, who knows how legal documents will be served in the future?
Are process servers really necessary?
When most people find themselves in a legal battle and get even a whiff that they might be served with papers, they tend to play the disappearing act. Finding them may not be as easy as it sounds but a licensed, professional process server is trained to deal with such an individual. Process servers’ work is not a piece of cake as sometimes the persons they wish to serve may get violent. Tracking and tracing elusive persons is also not for the faint-hearted! Nonetheless, process servers have the necessary skills to get the job done.
Process servers can serve papers to different individuals, from civilians to military personnel. They also have the knowledge required to file documents to the court, foreign embassies, and the State Department.
You might be wondering if you can serve legal documents to someone you intend on suing for example. Different states have different views on this topic. Most are of the belief that there are unethical people who will deceive that they have delivered the document when in actual sense they haven’t. This is where Bay Area process servers come in. We are licensed to serve legal documents and will provide proof of service evidence that is required under the law. This proof of service or an Affidavit of Service will have to be notarized to be deemed legal. It will then be presented to you (the person who requested the service).
Why they are important
Process servers understand the Law requirements for the different states and can advise you on what to expect legally to avoid violations of the law. They are efficient in doing their job since they have the necessary tools and strategies to effectively perform their duties. Their efficiency can be a timesaver as you don’t want any unnecessary delays in your legal proceedings.
If you ever find yourself in a legal bind and need to kick-start your legal proceedings then you will appreciate Bay Area process servers. You want your case to be dealt with in a timely manner as any delays in the legal scene can prove dangerous for your case. A process server worth his or her salt is adequately trained to efficiently and quickly do their job whether it is in serving restraining orders or any other document. They have the right strategies in place to ensure that the legal process goes as smoothly as possible.
When it comes to tracking and tracing elusive intended recipients of legal documents, Bay Area process servers have sufficient training and tools to find the elusive recipient.