Process Server

Process service is a system to deliver summons, complaints, and other legal documents to the defendant when you want to take them to court. Also known as due process, this procedure ensures that the respondent has sufficient time to seek the legal support they require.

A process server plays a critical role in the justice system because their job maintains a necessary balance of power between an individual and the state. When due process is not afforded the diligence it deserves, court cases can be delayed or dismissed entirely.

The importance of this methodology means there are incredibly stringent guidelines pertaining to how a person can be served, and specific steps that must be followed. When non-professionals try to engage in process service, necessary measures may get omitted which results in incorrect service.

The United States Constitution Mandates Service of Process

The United States Constitution dictates that no individual will have liberty, property, or rights compromised without due process. This essentially means that every person has the right to be informed that they are being summoned to court by a regulated and uniform procedure. By doing this, the constitution and the United States justice system ensure that the rights of an individual and the power of the state are moderated.

Every defendant in a lawsuit needs to be served the legal papers by a person over the age of 18, although the rules can vary depending on the county, the type of papers, and other factors. In most cases, the person serving must hand the papers personally to the defendant. In some cases, exceptions are made. Courts require an affidavit of service to prove where, how, and when a person has been served.
What Happens if Someone is Not Served Properly?

Proper service is crucial because it gives notice to a defendant about the court hearing and allows them time to solicit legal advice in preparation for the court date. Incorrect or incomplete delivery performed by an amateur process server hinders the legal process, often resulting in vexing delays or case dismissal.

The best way to avoid court papers being served incorrectly is by hiring a professional process server with a sound understanding of how the process service procedures work. An experienced process server will also be able to track down an avoidant defendant quickly and accurately so you can give your legal proceeding a smooth start.


What is an Affidavit of Service?

An affidavit of service is a legal document completed by the process server stipulating that the individual was identified, verified, and that the documents were delivered in the required timeframe. The affidavit also specifies the place and the way the defendant was served.

Affidavits must get notarized by a legal professional. Skipping this step lays the grounds for the opposing party to contest the service of process as ineffective or insufficient, meaning you will have to start the legal proceedings again from the beginning, or worse, the case gets thro