Process of Service is an integral part of the legal system in the United States and must be performed using a strict set of rules and procedures. When a person has a legal action taken against him in the court of law, that person must be properly notified in order to maintain Due Process of Law. This means that the person must be notified in writing of the court procedures in which he is involved; this is referred to as Process of Service.
Service of process was originally performed only by sheriffs, deputies, and agents of the court, but recent legislation now allows qualified people outside of the courts to serve papers. The best person to hire for your process serving needs is a private process server that understands the intricacies of the system and can complete the process without trouble.
There are a few different types of process serving, each of which can apply under specific situations.
PERSONAL SERVICE
Personal service occurs when someone not involved in the court case personally delivers the court documents to the defendant. While personal service is typically attempted at the defendant’s home, it can actually occur anywhere the process server locates the defendant, like work or in public. The server is allowed to leave the papers at the defendant’s feet if the defendant refuses to accept the papers, as long as the defendant understands that the papers are his and intended for his information.
After personal service is completed, the server must record all details of the service and file his record in court as proof of service.
SUBSTITUTED SERVICE
Defendants can be difficult to find, so if a server tries multiple times to serve papers without success, he is legally allowed to leave the papers with someone in the defendant’s home who is 18 or older. This final effort is reserved for cases in which the defendant is impossible to find. Substituted service is followed by a copy of the papers sent in the mail. As with personal service, the server must complete a Declaration of Due Diligence after substituted service to record every detail of the failed personal service and successful substitute service. If this filing does not occur the court is able to deny the legal case altogether.
There are other unique cases in which posting on the premises and mailing only are accepted, but they are less likely and less reliable. It is vital to use a trusted private process server with so that you can count on efficient and expedited delivery of your documents.
