When you have legal papers to be served for your court case, you want the process to go as smoothly and quickly as possible. However, there are some instances in which service of process might be delayed. Here are some of the common problems that process servers face when serving papers.
Process servers are not law enforcement; and because of this, they have to follow all of the same laws that civilians have to follow. This includes not going on property that is marked no trespassing. If a process server trespasses to try to serve papers, they are outside the law, and the property owner could take fairly drastic measures. This is really not safe for the process server, and they won’t go on property marked with trespassing signs. Continue reading
A private process server is a registered agent of the courts, and they are responsible for a major part of the court system. Because they play such a key role, the way that process servers operate is highly regulated. There are many guidelines that the process server must follow to stay within the law and to accurately serve papers. Here are a few of those rules.
Identifying the Individual
The rules regarding identification of the individual to be served vary depending on the type of legal documents you are having delivered. In some cases, visual confirmation of identity is all that is required. In other cases the process server must see identification before leaving the papers. Good process servers know the laws and rules for serving papers for all types of cases. Continue reading
If you have a legal matter pending with the courts, you were probably told that you have to have proper service of process to the other individuals or companies in the case before your case can move forward. It is very important that you do not try to skip this step. A private process server can help you make sure that proper service of your legal documents is made to the appropriate individuals. Here’s why it is important.
Keep Things Moving Forward
The person that you have filed a lawsuit against must be given notice of the lawsuit and the court date so that they can defend themselves in the suit. If service of process isn’t made, the case cannot move forward. Your case will be continued each time you go to court and service has not been made. Eventually the court could throw out your case entirely. Continue reading
It is unfortunate, but sometimes it becomes necessary to evict a tenant, either for nonpayment of rent or another lease violation. In the state of Florida, you do not need a process server for the initial eviction notice, but there are a lot of good reasons to use one for all of your eviction needs.
A three-day notice is required for nonpayment of rent. The tenant has three days to pay the rent before you can go to the courthouse and file for an eviction. A seven-day notice is given for other lease violations, and you cannot file for eviction with the courts until the seven days have passed without action. While you can post these notices yourself, using a private process server allows you to have evidence that the three-day notice was, in fact, given. Continue reading
If you are in the midst of a court case and you are not the originator of the lawsuit, you will need to be served with papers for the case to move forward. While it might seem like a good idea to avoid service so that the case can’t move forward, there are some consequences to doing so. Here’s why you shouldn’t avoid being served.
Details of the Case
Even if you know a case is coming, you won’t know the details of it unless you are served with legal papers. It is important to know these details so that you know how you should proceed. Not being served does not necessarily mean that the case doesn’t move forward. Judges will sometimes grant alternative methods of service such as newspaper classifieds if regular service methods fail. If that happens, you may be notified of the case with far fewer details, and the case will still move forward against you. Continue reading