What is Service of Process?

Service of process is a legal process that involves delivering documents to the person or party being sued in a civil lawsuit, in order to inform them that they are being sued and provide them with the necessary paperwork. It is an essential part of any civil action and must be completed according to the laws and regulations of the jurisdiction in which the lawsuit is filed. If the service is not done properly, the lawsuit may be dismissed and may need to be refiled (if possible). A process server, who can be a certified individual, sheriff, or private investigator, is responsible for delivering the documents. The process server serves as an announcement, informing the person being sued and delivering the necessary paperwork to them or their representative. It is important to note that credentials and certifications for process servers vary by state.

What Type of Documents Are Usually Served:

Process servers typically serve four types of legal documents to parties in a lawsuit: writs, complaints, subpoenas, and summons. A writ explains the reason for the defendant being called to court. A complaint presents the factual basis for the legal action against the party. A subpoena is a legal document that requires a person to appear in court or provide specific documents or information related to a case. It can be issued for a court hearing, to provide documentation, or to attend a deposition. In some cases, a subpoena may be attached to a notice of deposition and served at a later point in the lawsuit. If the subpoena requires the production of documents, it may be titled “Subpoena Duces Tecum,” which translates from Latin to mean “you shall bring with you.”. Finally, a summons is an official notice signed by the clerk of the court in the relevant jurisdiction, informing the party that they are being sued.

How to Find a Good Process Server?

It is important to choose a process server who is knowledgeable about the laws and regulations in the jurisdiction where the civil action was filed. This will ensure that the service of process is completed properly and that the lawsuit can move forward smoothly. It is important to ask about a process server’s experience and the types of services they are familiar with. Some types of service include initial service, serving a company or entity, and serving an individual. It is also helpful to know if the process server is able to anticipate and handle potential issues, such as avoidance of service or difficulty locating the party. It is essential that the process server knows how to complete the service and paperwork properly in accordance with the laws and regulations of the jurisdiction, as an improper or incomplete service may lead to delays in the case or even the invalidation of the service by the court. A process server with a lack of experience may not be able to handle these situations effectively, which could impact the success and accuracy of the service of process. To gauge a process server’s credibility and reputation, it can be helpful to look for recent reviews or testimonials from their customers. It can also be beneficial to ask for references and speak directly to someone who has had a positive experience with the process server, as this will give you the opportunity to ask specific questions related to your own needs.

 

Please contact us to find out more on how we can meet your service of process needs in central Florida or anywhere in the US.

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