FREQUENTLY ASKED QUESTIONS ABOUT PROCESS SERVERS?
What is a Process Server?
A process server is a private citizen (i.e., retired judges, law enforcement, attorneys, legal professional, etc.) who meet the requirements within the state/county 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 case. 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, 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 anyone 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. Check out our article on how to become a process server in New York.
How long does a process server have to serve papers?
That depends on several factors a) what kind of legal action and b) judges orders. In many instances, process servers can have hours ranging to months in order to serve legal documents.
What is a process server allowed to do?
Process servers depending on the state/county, 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 of legal documents.
What time can a process server serve papers?
The times a process server is allowed to serve legal papers vary from state/to county. In general, process servers serve legal papers from 6 am-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 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 server, someone that is over eighteen 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 an experienced process server. a) checking with your local process server association (i.e., NAPPS, NYSPPSA, NALI, etc.); there are process server associations in every state; b) an internet search (i.e., google, bing/yahoo, etc.). Once located, check out their customer reviews and testimonials, review their website for areas of expertise, and c) check their 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 without calling, confirm your identity, and serve legal documents. Calls are usually made when a) by client's direction 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 your personal information, but circumstances may lead to that information being provided.
Can a process server serve on Sundays?
That depends on the documents being serving; 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 circumstances, 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 attempts (morning, afternoon, & evening).
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