A process server is a person who offers the process service which is a legal procedure in the United States. The process servers deliver the notifications or documents to the parties who can be involved in legal action and have to be presented into the court as per the schedule.
A process server is described as the delivery man of the legal documents. The services handled by the process servers include summonses, complaints, subpoenas, writs, and various other documents.
These all the documents are delivered to the individual whom the legal action is directed by a particular process server. A process server should not be the person from the party to the case.
If the actions are taken again any party, as per the legal procedures in the United States, the party should be notified with the legal documents. The process server helps to maintain the process and provide the information to the parties about the legal procedures.
The process serving laws are not fixed for all the states, they are different for different states. You can check all the rules in the State Rules of Civil Procedure section. An individual needs to take training as well as a license to become a qualified process server.
The process server is also authorized to provide documents to the adult resident or any relative or friend of the person who is involved in the legal procedure. This type is known as “Substituted Service”.
FAQs for Process Server
1. Who Can Serve Papers?
In early days, sheriffs or deputies and agents of the court delivered the documents to the parties involved with the legal procedures. But after a few time, as the area expanded, this task was not possible for them and it became a burden on law enforcement that’s why the change was necessary. Now an individual with over 18 years of age can serve the papers if he/she has the appropriate qualification and is not a part of any individual party.
If you want to become a process server, then you have to check the procedure with your current state. Because in some states an individual can become a process server with a proper license, while some states ask for a surety bond and some of the states ask an individual for registration with the county. It’s better to visit the State Rules of Civil Procedure section to get more information about the service of process in your state.
2. What Does a Legal Process Server do?
The main purpose of a process server is to deliver the court documents to the defendant or an individual who is involved with the case. This process must be conducted according to the legislation in the area of service. With such a process the defendant personally gets the documents and may come to know about the legal actions taken against him/her.
The process server is also allowed to delivered the documents to the defendant’s family member or friend if the defendant is not available at the delivery location. After the complete process of delivery, an Affidavit of Service is notarized and delivered to the party who requested the service. This is proof that the process server has completed his/her work correctly.
Process servers are not limited to legal document delivery work only they can also file your papers with the courts, can do document retrieval and may offer different types of investigations such as skip trace, people locates, surveillance, etc.
3. Will a Process Server File My Papers With the Court?
Yes of course. Almost all the process servers provide a suite of legal support service including document filing as well as eFilling. This is the extra work so an individual has to pay the extra fees for these services.
The above discussion mentions the importance of process servers. There are plenty of companies available in the market who have trained and professional process servers in Chandler, AZ. If you are looking for a qualified and trusted one, you should research well. Choose the one who has a good record as well as can complete the work on time and in your budget.