If you're a legal professional or about to engage the services of one, you must be aware of the legal rules, best practices, and challenges surrounding process serving. The procedure involves hiring a qualified process server who'll then ensure that the person or party named in a legal action gets served correctly and on time.
Process serving is of particular importance for legal cases in which time is of the essence. Civil lawsuits that involve car accident claims are an excellent example, given their high prevalence. As personal finance website Value Penguin points out, over five million car accidents occur in the U.S. each year.
By understanding the basics of serving legal papers, you can adhere to legal procedures and ensure the upholding of due process.
What Does Process Serving Mean?
Process serving, also referred to as "service of process," is a legal document service in which a qualified process server delivers documents to a person or party. The legal documents notify the recipient (the individual or entity named in the papers) that another person or party has taken legal action against them.
Process serving entails official document delivery methods that fulfill each person's constitutional right to due process.
Why Do People Avoid Process Servers?
One of the primary challenges process servers face is avoidance. People avoid process servers for various reasons, but for many, the primary reason is that they're afraid of what could happen as a result of the legal action they're getting served with.
Some may also make the mistake of thinking that by not "receiving" the papers, the lawsuit will disappear. Others might feel embarrassed about getting served in public.
What Are the Best Practices for Process Serving?
The best practice for process serving is to aim to serve the person named in the document directly. Also called "personal service," this method of delivery is the most reliable and preferred, as it guarantees that the intended recipient received the legal papers.
In some situations, the law allows for substituted service. Process servers can use this if they've already tried to deliver the documents to the intended recipient multiple times but to no avail. In this case, they can hand the papers to the "right" person (e.g., a person of suitable age and rational mind).
Who Are Eligible Process Servers?
Not everyone can just serve legal documents to people or entities that another person or party is suing. Process servers must meet specific requirements, and some states and municipalities have certain regulations, too.
General Eligibility
In most states and cities, process servers must be 18 years of age or older. They must not have any legal or mental disability that can interfere with the due process. They generally have to be a resident of the state or county where they serve.
Background and Character Requirements
Since process serving is part of law enforcement, it makes sense that the people who conduct it are of good moral character. In most cases, they must have no recent misdemeanor conviction that has to do with moral turpitude (wickedness or vileness) or dishonesty. They must never have had a felony conviction, either, and no pending criminal case against them.
Undergoing a background check, complete with fingerprinting, is typically mandatory for anyone who wishes to become a process server. In some places, a certificate of good conduct is also a requirement.
An example is Florida. According to the latest Florida Statutes, anyone applying to become a certified process server in the state must obtain and present a certificate of good conduct.
Location-Specific Requirements
Some cities and counties also enforce specific eligibility criteria for process servers, such as New York City and all its boroughs, including Staten Island. As a legal professional or someone who needs to serve another person or party with legal documents residing here, it's best to work with a licensed process service agency near Staten Island.
New York itself doesn't implement a state-wide certification requirement for process servers. However, process servers in NYC must obtain certification from the Department of Consumer Affairs or licensure from the New York City Department of Consumer and Worker Protection (DCWP).
Another example is California. All process servers throughout the state must apply and register in the county where they serve.
Frequently Asked Questions
Are Process Servers the Only People Who Can Serve Legal Documents?
No.
In many cases, anyone who is at least 18 years old and is a disinterested party can serve legal documents. Likewise, law enforcement officials, such as sheriffs and deputies, can perform the task of process serving.
What Types of Legal Documents Can Process Servers Serve?
Process servers can serve many different legal documents, such as summons and complaints. Summons and complaints are documents notifying that a plaintiff has filed a lawsuit against the documents' recipient.
Process servers can also serve subpoenas. They're a form of legal document that requires a person to provide evidence or testimony in court.
Eviction notices are another type of legal document that process servers usually deliver to intended recipients. They notify tenants about vacating the rental property they live in, usually due to non-payment of rent or a violation of the lease agreement.
What Happens if a Defendant Ignores a Process Server?
People who intentionally avoid process servers can face a default judgment. In this case, the court may rule in favor of the party who filed the lawsuit (also called the "plaintiff").
The defendant, on the other hand, will no longer have a chance to defend themselves. They may also end up having to pay penalties and fines, or in some cases, get charged with "contempt of court." The latter can lead to severe consequences, such as more expensive fines, even jail time.
Serve Legal Documents the Legal Way
Through proper process serving, legal professionals like yourself can ensure that the defendant or the party named in the legal documents receives the paperwork on time. It also helps ensure that the recipients maintain their constitutional right to due process.
With the help of experienced process servers, you can ensure the legal documents you need to serve get served the legal way.
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This article was prepared by an independent contributor and helps us continue to deliver quality news and information.