In many court cases, the defendant has to be served with papers for the case to move forward. If service doesn’t happen, the defendant can claim that they were not given due process and therefore the case might be thrown out entirely. When a defendant contests service and claims that they didn’t receive the papers, you will need to take some steps to ensure that your case moves forward.
Immediately Call Your Process Server
As soon as the defendant contests service, contact the process server that you hired. Let them know the situation, and then ask them to provide you with proof of service. Proof of service could be something as simple as a signature obtained when the papers were delivered. If a signature was not required, it may include documentation from the process server about the steps they took to deliver the papers. Continue reading
Process service used to be a straightforward business. The process server would have information about the person’s place of employment and residence, and would go there to try to serve the papers. Everything has traditionally been done on paper, with a definitive paper trail to prove that papers were served appropriately. In today’s society, however, there are some very good reasons for process servers to embrace the digital age.
Any process server who is persistent in getting the job done knows how to use a skip trace to locate individuals to be served. Often, the information that is given for employment or residence doesn’t lead to served papers. People move, change jobs, or avoid service. A skip trace locates these individuals at their place of employment or new residence. This is largely done through online services. Continue reading
If you are filing for divorce, there are many things that can come up to delay your case. One of the obstacles that some people face in their divorce proceedings is when your spouse lives in another state. Delivering divorce papers across state lines is not impossible, but takes an experienced and dedicated process server to get the job done.
Service by Publication
In some cases, you may be able to serve notice of the divorce by publication. This is essentially taking out an ad in the newspaper local to where your spouse lives. When process service is not feasible due to distance, service by publication offers you a way to continue on with the divorce case. However, some judges will not allow service by publication unless other avenues have already been exhausted. Continue reading
Whether you need to serve divorce papers or a lawsuit, it is important to consider the different ways you can move your case along. The automatic assumption is that you should just let the sheriff’s office handle service, but there is a better option. There are a lot of great reasons to consider using a private process server for your case.
Speed of Service
The sheriff’s department handles quite a bit, from law enforcement to transport of prisoners. Service of process is not close to their main priority. Because of this, service can take quite some time before it is completed. This is especially true if the individual being served is not home when service is attempted.
The sheriff’s department may make more than one attempt to serve process, but they are likely not going to try as many times as a private process server. In addition, a private process server usually charges a set price, while the sheriff’s department may tack on additional fees each time they attempt service. Continue reading