What is Process Service?
Process service, also known as “service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called “process“) to the person to be served, process service is performed by a process server.
What is a Process Server?
A process server is a private citizen (i.e., retired judge, law enforcement, attorney, legal professional etc.) who meet the requirements within the state/county/country in which they operate. Their job is to deliver legal documents to federal, state, city agencies, corporations, private businesses and the general public, to inform them they are involved in a court action. These documents range from family court documents, (i.e., divorce, child support, custody, orders of protection etc.) supreme court documents (i.e., writs, subpoenas, summons and complaints etc.) and civil court documents (i.e., evictions, small claims issues etc.)
How to become a process server?
Contact your local government (i.e., department of consumer affairs, town halls, court clerks, etc)., they would be in charge of the requirements related to serving legal papers. Some states allow any one above the age of (18) eighteen years of age and not a party to the action to serve legal documents. Other states require process servers to be registered, certified or licensed.
What is a process server allowed to do?
Process servers depending on the state/county/country are simply officers of the court sent to deliver legal documents. In performing that task they are required to confirm your identity and or address in order to ensure the receipt legal documents.
What time can a process server serve papers?
The times in which a process server is allowed to serve legal papers vary from state/county/country. In general, process servers serve legal papers from 6am-10:30 pm. However there are special circumstances in which process servers can serve outside of these times.
When to hire a process server?
Generally speaking you should hire a process server whenever you file a legal action. The court is always looking for a trusted source of information in order to consider the facts and circumstances related to your case. By using a Process servers, someone that is over eighteen (18) and not a party to the action, you can ensure the receipt of the legal documents in order to move your case forward.
Where to find a process server?
There are several ways to find a experienced process servers. a) checking with your local process server association (i.e., NAPPS, NYSPPSA, NALI, etc.) there are process server associations in every state; b) a internet search (i.e., google, bing/yahoo, etc), once located, check out their customer reviews/testimonials and review their website for areas of expertise; and c) check there rating with the Better Business Bureau. Taking account of each should present a process server with experience.
Can a process server call you?
Yes, process servers can call you to arrange the delivery of legal documents. Generally a process server will show up at your home or business with out calling, confirm your identity and serve legal documents. Calls are usually made when a) Clients request or b) as a courtesy when all attempts are unsuccessful prior to exploring other methods of service.
Can a process server serve you at work?
Yes, but it depends on the restrictions at your place of employment. Serving legal papers at your place of employment is delicate. Process servers will attempt to serve legal papers without providing any of your personal information, but circumstance may lead to that information being provided.
Can a process server serve on Sundays?
That depends on the documents being served, generally services are not attempted on religious days of worship. However there are some exceptions (i.e., protective orders etc).
Can a process server serve a minor?
Yes, personal service upon a minor is made by serving the legal documents on a parent, guardian or any person having legal custody.
Can a process server tape documents to your door?
That depends on a few factors. a) court order; b) type of documents served; and c) state/county laws. In most circumstance as long as the process server can confirm the address and after they have made three attempts (Morning, afternoon & evening) a process server can tape the documents to the door.
How many times can a process server come to your house?
Generally process servers make up to three (3) attempts (morning, afternoon, & evening).
It’s important to note that the rules and laws related to serving legal papers vary from state to state and even country to country. For information related to a specific state or country visit our rules and laws page https://undisputedlegal.com/rules-laws/ or if you need assistance serving individual or business visit https://undisputedlegal.com/services/process-services/. Representatives are available Monday-Friday 8am-8pm EST. (800) 774-6922 or visit www.undisputedlegal.com.