Aside from the initial filing, notifying the other party that you have filed a case against them is the first step in your legal case. The courts require that parties be notified when there is a legal action against them, and the case cannot move forward until this service is completed. This is where private process servers come into play, but it is important that you choose the right one. Improper or invalid service can postpone or completely derail your case.
Inexperienced private process servers may not be aware of the legal requirements for service of process. These individuals might try to serve papers by posting them to the door, sliding them under the door, or leaving them in the mailbox. For most court cases, these methods are invalid service. In the state of Florida, only eviction notices may be posted to the door. Most papers need to be served by putting the papers directly in the hand of the person being served. Continue reading
Private process servers are often not given much credit. In fact, most people do not ever think about private process servers at all, unless they have their own court case or are served themselves. Even the legal professionals often do not give process servers any more thought than a clerk or administrative employee. Yet private process servers are extremely important to the legal world, and it would come to a stop without them.
Ensure Proper and Legal Service
You cannot sue someone or file a case against them without notifying them of that case. That is really what service of process is all about. It’s about giving individuals the due process that they have by constitutional right. In order for service of process to be proper and legal, delivery of the court papers or summons must be done according to several laws and regulations. Private process servers devote their time to staying up-to-date on these rules. Continue reading
Attorneys often rely on private process servers to move cases along for their clients, but the same process server that you use for a private lawsuit might not be the best choice for a foreclosure case. Foreclosures are different from any other type of case that requires service of process. It is important that the process server you use is familiar with all of the aspects and regulations of the situation.
The rules, regulations, and guidelines surrounding foreclosures is constantly changing. Changes in the code can come from any direction — local, state, or federal. It is important that your private process server is familiar with all of the laws at every level regarding how service of process must be completed in these cases. It can be troublesome to keep up with the latest laws and regulations, but the best process server will do just that. Continue reading
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