HOW PROCESS SERVERS PROTECT YOUR RIGHTS: MYTHS DEBUNKED

This article will provide guidance on how process servers protect your rights: myths debunked.  Process servers are often dreaded, with defendants going to serious lengths to avoid them.  Is this fear warranted? Of course not. Process servers are significant players in the legal system and are here to ensure that your due process rights are addressed. In order to serve documents properly, a process server has to be familiar with the rules and laws of each jurisdiction regarding who may be served, when, and how.  Click here to watch our introduction video.

The Constitution guarantees the right to a public and expedited trial, including the right to know the specifics of the charge, the opportunity to cross-examine witnesses, and the assistance of an attorney.  Of course, every field has its fair share of misconceptions, and process service is no exception. Click Here for Frequently Asked Questions About Process Servers!

What are some myths about Process servers?

  1. ‘You’ve Been Served’ HAS to be said every time.

Process servers do not need to say, ‘You’ve been served.’ Asking for a name and a simple ‘thank you’ are generally all that is required of servers while serving a customer. What process servers need to do is provide an affidavit of service after the service is done.

Competent process servers like those at Undisputed Legal are highly regarded for their dependability, effectiveness, and efficiency.  Although each state has its own set of regulations, in most cases, a document is deemed served after the process server verifies the recipient’s identification. If the individual refuses to take the papers, they might be left at the door or nearby.

When and how to submit various forms of official documentation is subject to rules and regulations set forth by individual states, counties, and municipalities. An outstanding process server will have no trouble identifying them.  Click here for information on How Rush Process Service Can Expedite Your Case.

  1. It Is Not Official Unless the Process Server  Physically Hands the Documents to You.

Process servers will try to provide the papers to the person we serve. However, often the defendant can decline the papers. Here, parties can still be served. If they decline, process servers rights to either leave them at your feet or put them on the windscreen of the vehicle are within our the individual is in. Parties do not need to touch the papers for the service to be considered complete. Process servers can leave the paperwork at the door of the residence if the party knows they are being served and refuses.

  1. Evading a process Server means avoiding being  Served.

If a party tries to avoid service, the other side might petition the court to let them employ other methods of service to formalize the matter. Certified Mail, newspaper publishing, or posting in the county courthouse basement are all examples of possible alternate modes of service. Default judgments may affect the recipient’s salary, assets, and credit record. Therefore, it is important to reply promptly if defendants miss that service. 

Many people think they can avoid a lawsuit by avoiding a process server. After all, a lawsuit cannot officially commence until the defendant has been given proper notice. Judges and their courts are aware of these contingencies and have made provisions for difficult-to-serve defendants. Just because you avoid a process server does not mean you can’t be served and sued. It just means the plaintiff has to opt for Plan B.

Plan B would include leaving court papers at the defendant’s home or business with a competent adult or mailing a copy of the summons and complaint via certified mail to the defendant’s home or business. Click here for information on How Service of Process Ensures A Solid Foundation.

  1. Process Servers can Trespass on Private Property.

Being in a location where one does not have the legal authority to be is called trespassing. Private process servers are not allowed entry to properties marked with ‘no trespassing’ signs. Private process servers are no different from any other citizen; they are subject to the same laws regardless of their official status. The process server will need to locate the defendant somewhere, such as their place of work, in order to serve them if they have these signs placed.

Servers are authorized to serve you at work and typically present the supervisor with the necessary documents and request that they hand over the documents to complete appropriate service. However, this does have the side effect of eroding workplace relationships. 

  1. No minor may be served with legal documents by a process server.

At least one person residing in the same household as the individual mentioned in the case must be fourteen years of age or older in order to receive process serving on that individual’s behalf. As part of this procedure, known as ‘Substitute Service,’ the process server must also send the identical paperwork via regular mail to the correct party, along with a duplicate of the evidence of service that will be submitted to the court.

  1. Process Servers Are Required to Personally Hand-Deliver Documents to the Recipient.

Contrary to common assumptions, a process server is not required to personally deliver the legal documents to the recipient.  Although each state has its own set of regulations, in most cases, a document is deemed served after the process server verifies the recipient’s identification. If the individual still refuses to take the papers, they might be left at the door or nearby.

When and how to submit various forms of official documentation is subject to rules and regulations set forth by individual states, counties, and municipalities. An outstanding process server will have no trouble identifying them.

  1. Serving the Papers Is the End of a Process Server’s Obligation

The process server’s job is not complete only after serving your papers; they must also file Proof of Service to the court or return it to the client for filing. A Proof of Service (also known as an Affidavit or Certificate of Service) serves as a sworn declaration from the process server attesting to the transmission of papers from one party to another.

The proof of service provides a safeguard to a court proceeding in the event that the defendant falsely asserts that the documents were never served. Proof of service is a seemingly insignificant requirement that, if handled wrong, may have far-reaching consequences in a legal issue. This can include the dismissal of a lawsuit or the creation of significant delays. Failure to use the appropriate evidence of service form according to the kind of served legal document can significantly impact the case. It is important to ensure no mistakes or omissions in the form, especially if filing a Proof of Service is done incorrectly when personal service was waived in favor of a substituted method.

If you choose a competent service or process provider, you will find out if the service has been executed and finished correctly as soon as feasible. For instance, Undisputed Legal often returns the evidence of service within two or three business days after the date of service.

If a legal practitioner employs Undisputed Legal, they will get an email notification as soon as it is complete. This saves time and shelters clients from the anxiety of not knowing where their documents stand. A defendant must be properly served before a lawsuit may commence. It is for this reason that some individuals have the false belief that delaying service would protect them from a lawsuit.

By law, process servers are sometimes required to make three separate efforts to serve an individual personally. However, this varies by state. To further increase the chances of a successful serve, several courts may stipulate that personal service must be tried at certain times of the day. Substitute service of process allows a process server to serve another person or entity in lieu of an evasive party if personal service fails after many tries. Process servers are expected to thoroughly understand the local court regulations on substituted service since they dictate the parties that may be utilized for this purpose. Click here for information on How To Identify A Good Process Service Agency.

Can Anyone serve as a process server?

Although being a process server does not often include any formal training or certification, the abilities and character traits necessary for the job go far beyond those required for the delivery of legal papers.

The county in which a process server works must apply for and approve the process server’s registration.  The fact is that a process server’s duties extend much beyond the mere delivery of papers to the intended recipient. Successfully completing the entire gamut of activities connected with serving of process requires a professional server to use certain skills, expertise, and equipment.

Process servers are expected to be current on state laws, research techniques, and technology in order to keep up with the ever-changing court rules and service requirements. This expertise is essential for properly serving individuals and ensuring their documents hold up in court. Subpoenas, summonses, complaints, and other legal papers must be familiar to them.

As process servers, we at Undisputed Legal are frequently required to use the internet and offline tools to track down the whereabouts of people or companies, that are notoriously difficult. It might be difficult to find someone’s current address since individuals nowadays tend to move about more than in the past. Finding businesses that use shell corporations or operate under a ‘DBA‘  name may also be challenging. Before requesting substituted service from the court, it may be necessary to do an extensive investigation to get a current address.

Process servers must also have access to location-verifying mobile applications that may record delivery attempts.Click here for information on How Process Servers Protect Your Rights: Myths Debunked

  1. What About Technology in Process Service?

Among the most cutting-edge technological applications used by contemporary process service organizations and other suppliers of legal services is a high-performance technological platform that oversees their operations and services. A process service firm like Undisputed Legal may use a portal online to place orders, monitor their progress, and finish the service of process. From any location in the country (or even out of it, since Undisputed Legal complies with global process service requirements!), a process server may submit, manage, monitor, and execute all process-serving orders using a portal.

Because they can use their knowledge more, decrease mistakes, provide customers with more frequent information, and prioritize each request, process servers using up-to-date technology can give superior service.

The efficiency and effectiveness of your process server will suffer if they are not equipped with the proper resources. Our Undisputed Legal process servers ensure that you are kept apprised of your documents through GPS affidavits. We make sure that you are able to know exactly where your documents are through personalized ‘Real-Time’ email status updates. So that you know when your documents leave, we even provide an email copy of your affidavit prior to mailing.

  1. Choosing the Appropriate Process Server

The civil litigation system would be incomplete without process servers. Good process serving may mean millions in fees and settlements, so working with a reputable process service company, tools, and expertise to get the job done is important.  Click here for information on How To Identify A Good Process Service Agency.

The truth is that process servers sometimes face difficult situations with resistant parties or high-pressure emotions. Most of the time, however, the people being served accept service and do their business.

When serving papers, a good process server knows better than to break the law. Process servers ensure the safety of their own employment by adhering to the law, which implies that they must never intrude into someone else’s property, enter a residence while posing as a law enforcement official, access mailboxes, force doors to open, present papers to a child, and threaten the victim.

When it comes to serving papers, the most competent process servers are well-versed in the specifics of each jurisdiction’s regulations about who may be served, when, and how service must be done. In order to keep up with the ever-changing rules, process servers need to refresh their knowledge regularly. If you found this article helpful, kindly consider leaving us a review. Click the link to share your feedback, and we would greatly appreciate a five-star review.

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OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE IN SERVING LEGAL PAPERS

Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to help you out. We can handle all your process service needs;  For information on, What is a Process Server, Click Here!

Please feel free to contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A

Sources

1. Alternative services may encompass:

  1. Having the recipient’s agent hold the documents;
  2. Having an adult who is mentally competent take care of them in the recipient’s house;
  3. Dropping them off at the corporate headquarters or other commercial location; or
  4. Notifying the appropriate parties by publishing the documents and sending them hard copies.

2. Doing Business As

3. Process servers employ many forms of technology to track down individuals or organizations, such as:

  1. Online search tools
  2. Online social networks
  3. Information storing

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The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.