Are you an institution looking to recover some losses from the pandemic or a firm representing such an institution? If so, you are probably fairly familiar with the parts of the law that directly relate to your position and duties. But when it comes to foreclosures, things can get very tricky. If you want to make sure that your firm comes out on top, you’re going to need to work with a process server who is very familiar with these laws and regulations.
Foreclosures require proof of due diligence.
To protect homeowners, courts have very strict requirements about how papers should be served, when, to whom, and what to do when a person cannot be found. In any foreclosure case in which the individual cannot be found, your process server will have to be able to prove that there were multiple attempts, at multiple times of day, at multiple locations. Just in case the service is challenged, it is important you work with one of our meticulous note-takers who efficiently track all legal papers handled.
Skip tracing is a must.
If you cannot find the party for the foreclosure notice, you must try to find the individual through skip tracing. This is the practice of tracking people down through public records searches. Although there are several such services advertising online, only process servers, private investigators, and attorneys have the best access to such records and easier search tools.
Equal importance should be given to all papers.
Not all of the legal documents you will have delivered to the liable parties throughout the process of your case will require strict service of process. However, by treating all documents with equal importance, our process servers can keep careful notes to combat any challenge the other side might try to make.
If you are ready for expert professional help in your foreclosure, contact us today.
Even though there can be serious consequences to avoiding a process server, hundreds of people try to evade them every year. You might think that avoiding a process server in a civil matter isn’t a big deal, but there could be some definite legal ramifications if you continue to avoid service.
Not having case information
Just because you think you know what is in the legal papers being served, that doesn’t mean there isn’t some hidden or unexpected consequence to ignoring the situation. The case could be for an amount significantly higher than you anticipated, or there could be other remedies being requested that you disagree with. You can’t take appropriate action without knowing exactly what is going on, and that requires reading the papers the process server is trying to deliver. Continue reading
Did you know that our civil courts couldn’t operate without process servers? These trained professionals serve to ensure that all individuals and companies retain their right to due process. Here’s what due process is, why it’s important, and how private process servers fill that role.
What is due process?
The U.S. Constitution gives us the right to “due process,” but what does that actually mean? Due process means that an individual must be given the opportunity to defend themselves in a court of their peers. And, thanks to Citizens United Vs. FEC, companies are granted the same rights as individuals in such circumstances. Continue reading
Most legal matters require you to notify the other parties to the case of the action being taken against them. This requires service of process from a sheriff’s department or private process server. But how does the court know that service of legal documents was made and made properly? This is done through the filing of an affidavit of service or return of service.
When a summons and complaint or petition is filed with the courts, it must be served to the other parties of the case. Each person that is party to the case must receive their own copy of the documents, even if they live in the same household or work at the same company. These legal documents contain a return of service page, which allows the sheriff delivering the papers to note that service was made, how, and to whom, along with the officer’s signature. Continue reading