If you have a question about service of process, chances are that many people have asked the same question before you. Here are answers to some of the questions we hear often:
What is service of process?
According to United States legal procedure, all parties must be notified if they are facing legal action against them in a court of law. Notification (called service of process) is accomplished through delivery of documents describing the legal action, and those documents include citation/petition, subpoenas, complaints/summons, temporary restraining orders, notices, writs and orders to show cause.
What does a professional process server do?
A process server is responsible for delivering legal documents to the parties involved in court proceedings. Some states require process servers to be certified, licensed or registered, and all process servers must adhere to all state and federal regulations governing legal service of process.
Process servers typically locate the individual named on the document, travel to that person to deliver the documents, verify the person's identity before handing over the papers, and then provide their client with a signed proof of service. This proof of service - also called the return of service - details the time, date and location of the service of process, and the subject's name. It is the document you can present in court to verify that successful service of process occurred.
Why do I need a process server?
Service of process must be carried out by a professional who understands the state laws, is well-versed on best practices and is certified or licensed if required in that state. Any failure to follow legal procedures can result in legal issues for other parties in the court case, which is why you should leave service of process to a professional. An experienced and knowledgeable process server will do everything by the book and make it easy to demonstrate that you fairly notified the other party of impending legal action.
We're always available to answer your questions, so please contact us if you need more information about service of process.