Most people do not know much about service of process, process servers, or how court cases actually work. You might have seen the process play out on television or in the movies, but you probably know little about the process in the real world. Most people are the same. Here are the three most common questions about service of process and process servers.
What Is Service of Process?
Service of process is part of the due process rights that every citizen of the United States has. When you file a legal action against someone, you have to notify them so that they can respond accordingly. This notification has to be done in a certain way, and it has to be verified by the courts. There are many rules and regulations about service of process and how it can be done. The sheriff’s department serves papers as part of their duties, but it may be beneficial to hire a private process server for a number of reasons. Continue reading
Regardless of how well you follow the law and regulations about court cases and service of process, the situation may occasionally arise when someone claims that they did not get due process. When someone contests service, it can hold up your court case or action on your judgement. Here’s what you need to know about what happens when someone contests service of process.
When They Can Contest Service
A defendant or respondent to a court case can contest service at any point in the proceedings or even after a judgement has been made. They can contest service at any time before action is taken on the judgement, such as money changing hands. Service may even be contested at the last minute after a wage garnishment has been enacted. Whenever service is contested, it puts a kink in the works that keeps your case or judgement from moving forward and getting the resolution you are looking for. Continue reading
Private process servers face many challenges in the course of their duties. Before hiring a process server, it is important to know the challenges that they face. This will help you understand why they charge what they do and why it might take longer than anticipated to get your papers delivered.
Sometimes the party that needs to be served is missing in action. They may have moved, changed employers, or even left the state. They might just be on vacation, or they might be actively trying to avoid being served. Whatever the case, sometimes it takes quite a bit of legwork to determine where and when an individual can be served. Process servers have a lot of tools at their disposal to help them find parties to be served, but it can take time. Continue reading
Most people who find themselves going to court are not aware of the rules and laws about process service. As such, it can be difficult to know the best way to get your papers served. While you can choose to have the sheriff serve the papers, this is not always the most timely way to have it done. You can also hire a private process server, but some companies are actually paper brokers. These companies are not easily identified by the layperson, so it is important to know what to look for.
What is a Paper Broker?
A paper broker is a company that takes on papers to be served, then farms them out to independent contractors. Because the person actually serving your papers is not an employee of the company, there is very little oversight. Independent contractors may not be fully trained and educated in the law. They may also engage in gutter serves (throwing papers away and saying they were delivered), and other illegal activity. Continue reading
There are some situations in which you may have a court case involving a company or individual from a foreign country. Even though the court process is much the same, there are some obstacles to such a case. One of those obstacles is getting process service accomplished in another country. There are two multilateral treaties that affect process service in foreign countries. One of these is the Hague Convention, and it allows for process service by mail. There are some exceptions, and some information you need to know before using this service method.
What is Process Service by Mail?
Process service by mail requires that the court papers be sent to the individual or company in the foreign country by registered certified mail, return receipt requested. This gives you proof that the papers were delivered by the mail. Once you receive the return receipt, you have evidence for the court that the papers were served and the other party has been notified of the case. Continue reading