Service of process, more commonly known as process serving, is an integral part of the court system. A process server delivers a variety of legal documents in compliance with local laws regulating the process. Documents served may include complaints, subpoenas, summons and other court papers. There are several key legal reasons for using process servers to deliver essential materials.
Proper Documentation
After service of process, the server must complete an Affidavit of Service or Proof of Service. This signed document shows who was served and when and where the service occurred. This affidavit becomes part of the legal case record and protects the plaintiff. If not done properly, a process service can lead to fines, penalties or even having a case dismissed. For example, defendants may claim in court that they were not served. If the plaintiff cannot prove service, the case may be dismissed. Using professional process servers protects the legal case and creates a paper trail to verify the service.
Process Servers Avoid Conflicts of Interest
In some areas, process servers are not required to be licensed or even registered with the courts. Any person who is over the age of 18, living in the area where a case will be tried and who is not a party to the case itself can serve court papers. There is, however, a risk associated in doing this. Friends or neighbors who serves court papers may not be directly involved in the case, but they may present a conflict of interest ??? they want their friend to win. This may serve to invalidate the service process. Professional process servers pose less of a conflict.
Process Servers Know the Laws and Regulations
There are many details involved in process service that may seem trivial, but if overlooked can invalidate the service. For example, some areas prohibit service of process to a person's home on a Sunday, while other areas forbid service on certain holidays.
Depending on the specifics of the case, the person who receives the documents is not always the defendant. In some instances, it may be legal to serve the papers to another adult residing with the defendant. This is called a sub-service.
If papers are to be served to a business, it may be necessary to serve the papers to a registered agent of the business, or a person authorized to receive the paperwork. In order for the service to be valid, the paperwork must be delivered directly to the registered agent.
If a process server cannot find a defendant, a substitute service may be necessary. This might include mailing the papers to the defendant or publishing a notice in the newspaper. A professional process server will know when this is appropriate and how to apply to the court for permission to use a substitute service.
Additional Benefits to Professional Process Service
Using a professional process server offers benefits in addition to insuring that the court papers are legally served. First, it sends a message to the defendant that this is a serious issue. In addition, the process server is available to testify in court about the circumstances of the service in the event the defendant claims he or she was not served. Finally, the costs of the process, including possible travel costs, can be added to the cost of litigation and can be reclaimed by the plaintiff if the lawsuit is successful.
