Process serving is a legal procedure in the US that declares that all parties must be notified when they are facing legal action against them.
A service of process is required by all of the administrative courts. It refers to the delivery of a set or a series of documents to the other party describing all the legal actions. Some of the examples include summonses, complaints, subpoenas, and writs.
The law requires that these documents must be delivered to the individual by a person which is not a party to the case. Thus process serving is an essential aspect of the Due Process of Law.
Who Can Serve?
Are you required to hire a process serving agency or get hired Secretary of State Filing Services for every document? The answer depends on your residing state.
Any US citizen over the age of 18, who is not a party to the case and resides in the state where the matter is to be tried in court can serve papers. The laws and their details can vary from state to state. In California papers can be served by a professional server, friend, co-worker, or country sheriff, or martial who is licensed to handle serving.
Whoever serves the papers must return the proofs to you as well so that the documents can be submitted to the concerned court.
When Does Hiring A Friend/Co-Worker Is Not an Option?
There are several cases when you have to hire a professional server. Some of the reasons include violence, the chance of occurring of unpredictable and unfortunate circumstances, and legal reasons. Personal service also becomes a challenge when you don’t know where the next party resides.
Some states including California also require that the person needs to be approved by the court and licensed to serve a series of documents. In all such cases, you have to hire a professional for process serving.
What Are the Benefits of Hiring A Process Serving Agency?
Hiring a registered process serving agency in your area can help ensure your legal documents are served to the opposing party on time. Here are some of the benefits of finding a state-licensed process serve for you.
Provision of Professional Consultancy
The most important benefit of hiring a professional is that you get reliable consultancy. It is especially important for the people who are dealing with court cases for the first time in their life. There is a lot of confusion, chaos, and stress. A professional can take you through the process with the best advice possible. They can advise you about the obligations as well as requirements by the law.
Help You Locate the Defendant
Locating the defendant is one of the biggest challenges, particularly when they don’t want to be served. A professional will unburden you and handle it with expertise. Teaming with a competent server can help you save time and money. They are skilled and empowered in finding people caught up in lawsuits.
Understanding of State Laws
Getting hold of all the obligations and requirements of the law is not easy for a person who is not associated with it. Whereas a professional server is trained and experienced. They are required to be in touch with the state laws so you don’t have to worry about any violations.
Neutral Third Parties
As the process servers are neutral third parties, they cannot be held responsible for any kind of resentment in the documents served. They help maintain the privacy of the defendant and accurate legal processing.
When you are working with a well-reputed process serving agency, be ready to enjoy the highest level of performance efficiency. They are under an oath to treat everyone in an unbiased manner. When there are no biases you can expect a greater degree of professionalism and fairness.
How to Find A Good Process Serving Agency?
Search Database Of NAPPS
Start with searching the database of the National Association of Professional Process Servers (NAPPS). It is the nation’s largest community of servers. Select your state and county and search for licensed servers anywhere in the country.
Check with The Courts
If you don’t know who to choose, start with the local courts. Word of mouth can get you to a good professional. Make sure you also inquire about the fees so that you don’t get scammed.
Check Success Rates and Experience
Be sure to check the experience and success rate of the professional before hiring them.
The Final Word
If you are living in California, you have to get papers served by a licensed individual. They could be working independently or associated with reputable firms. Thus the best course of action is to hire a professional process server to follow the Due Process of Law. You don’t have to worry about their legal compliance or locating the evasive party members.