What Is A Process Server

process server

Simply put, a Process Server is an individual that presents a legal notice such as a court summons, a petition or a complaint to a party, most notably a defendant. The process server can be a sheriff, a constable or another court appointed official such as a bailiff or it can be a private (non-governmental) server.  Often, if they are private, they must undergo some certification or licensing process before they are permitted to serve.   The defendant is usually required to reply to a proceeding that was already scheduled to happen before a tribunal, court or governmental body, depending on the situation.

When the process is served correctly, personal jurisdiction is established over the person who is served.  The Process Server may have the responsibility to present a multitude of documents, but not all the documents must be presented personally.  When they complete the serving of papers they then fill out an affidavit swearing that they have delivered them to the correct person. There is no requirement for the receiving party to sign that they have received the documents since the process server has sworn that they delivered them.  

The way these documents are shared depends on the age of the intended party, the residence of that individual, place of employment and a variety of other factors as well. It’s important to keep in mind the fact that these need to be shared only with a person who has the legal right and is of legal age to receive them. These requirements are government regulated so as to protect minors and others who should not be privy to the information. 

The process server is required to serve the papers in the correct manner. They are legally bound to the process, so they have to complete it correctly and in an accurate manner. As we mentioned above, the serving laws are quite different from one state to another, so each state has different laws and regulations as to how a process serving must be executed. 

There are many reasons why using a Process Server is critical. Primarily, they are required so that the court can be sure that the legal papers were presented correctly and in a  professional manner. This is vital because the person in question needs to know about the content included in those documents and the entity delivering them must be able to prove they were properly delivered.

Obviously, you should only employ a Process Server who is reliable and who has solid references to ensure their reliability.  They must comply with the laws governing the serving of legal documents. The responsibility of a Process Server is extremely important to those in the legal profession.  It’s imperative for a process server to work closely and follow instructions to the “T” so that the documents delivered are admissible in court if needed. In the end a process server can affect the results of a case positively if they handle the process correctly. Consequently, they could damage a case if they fail to follow the correct procedures.

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