A service of process is a procedure in which a person or company hands out a legal notice to another person. This may include sending documents to witnesses, defendants, or other individuals involved in a court case. If you are involved in a court case, you may need to hire a process server to do this for you, but how do you know when to send a process server? And what happens after you do so?
Do you need a process server?
People who are involved in legal proceedings tend to require a process server at some point. An example of a situation in which you may need a process server is if you are trying to divorce your husband or wife and are unable to find them. In this case, a process server would see them for you and hand them over the legal documents outlining your plans for divorce. A person may also be served if they are at risk of bankruptcy. If you are taking someone to court, then you cannot just tell them through text or email, the law is very clear on this. The person must be served in person, and so a process server will either serve them at their home or place of employment if necessary. Not just anyone is allowed to issue a notice, so you will have to hire a legal professional to do so.
During the pandemic, some process servers have put their notices through the intended recipient’s letterbox. If this happens, the server will inform the recipient that this is what they will do before doing so. All clients who hire a process server will be given proof of service after the job has been completed.
What is a substituted service?
Suppose your process server cannot hand the notice over directly to the intended recipient. In that case, they can give it to another adult in the intended recipient’s home. This is what is known as a substituted service. Your server will keep documents of everything they do. So the substituted recipient will also be taken note of in case anything should go wrong with getting the notice to the original recipient.
Where can I find a process server?
You can find a process server at Judiciary Process Servers. Here, they can help you find the right kind of process server for you and give you valuable legal advice for your situation.
What is proof of service?
Proof of service is proof that the recipient has been served and that all required guidelines have been followed. This allows a client to know that the job has been completed lawfully and correctly. In addition, this provides the client with peace of mind that the work on their end has been finished. So, in a way, a proof of service is similar to a receipt.
What happens in difficult cases?
Your process server should be equipped to diffuse the situation and handle it calmly in difficult cases. Suppose the recipient refuses to accept the notice. In that case, they are only making life more difficult for themselves, as they will be expected to show up to court anyway without knowing the contents of the notice.