Process Serving

What is a Process Serving?

According to the due process of the law, each person has a right to be notified if legal action is taken against them and also has a right to know if court actions are taken in their case. To ensure that everyone is adequately informed of court actions, the law stipulates that legal documents pertaining to these actions must be delivered in person. The person who delivers the documents is called a process server. While in most states anyone over the age of majority who is not part of the case can act as a process server, a professional process service makes much sense, especially in cases where someone does not wish to be served with legal documents.

Why is process serving so complicated?

In some cases, people simply do not wish to be served in legal documents. They may wish to avoid a court case or divorce case and may simply leave town or refuse to accept the documents. When this happens, it is important to have a professional private investigator or process server do the process serving for you. A professional investigator can:

  • Use surveillance techniques to find the person, if necessary.
  • Use skip tracing to find them if they have left town or left the country. Private investigators can even draw a large network of private investigators in other areas of the country and around the world in order to find someone in order to serve them with papers.
  • Ensure that proper laws are followed. In some states, process servers must have the legal documents in question actually touch the body of the person who's being served. In other states, trespass laws do not allow servers to approach someone on their own property. In short, hiring a professional process service professional can help ensure that your documents are delivered in a correct way. If they are not, your court case could be thrown out or tied up in legal problems for a while.
  • Show solid evidence that the documents were served. If the person who is served claims that they did not receive legal documents, a qualified process serving professional will be able to show an affidavit of service or proof of service that can prove that the person has accepted the documents.
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