what is a process server?

What is a Process Server?

“A process server will serve (deliver) legal documents to an individual or defendant involved in a court case. Known as Service Of Process”

When someone is sent into bankruptcy they must be served an order notifying them of the impending claims and court date. Someone is at risk of bankruptcy if they have not paid their bills, or child support, for example.

The person who filed the notice or the involved courts is responsible for notifying that person. A phone call or email is not sufficient, even in this technology-dependent age.

The law states that the defendant must be notified in person of the proceedings against them. But due to the legal requirements for serving such a notice, not just anyone can deliver them. That’s where a process server comes in.

Service Of Legal Court Documents

A process server is someone who hand delivers notifications of impending legal processes. Process servers may serve notifications on a variety of legal proceedings.

For example: They may deliver statutory demands, bankruptcy petitions, claim forms, divorce petitions, family and children’s proceedings, injunction orders, tenant or landlord lease break notices.

Each different classification of summons and orders require a specific process in order to serve it legally. Process servers are experts on the requirements and expectations for serving each kind of order.

How Notices Are Delivered

Process servers visit the homes of the targets of summons and orders. They may also visit their place of employment if they cannot be contacted at home. Occasionally, notices can be delivered via a letterbox, though most must be delivered in person.

Due to the time sensitive nature of the orders that they deliver, process servers may go to great lengths to serve the notices and orders as quickly as possible.

Individuals, lawyers, and businesses or organisations may require the services of a process server. Process servers are an essential part of the legal process, because improperly served notices can result in a delay in the legal process. Papers served illegally can actually be grounds for a judge to throw out a case.

Substituted Service

If a process server is unable to deliver the notice to the target, they may also utilise a “substituted service.” This means that they instead deliver the notification to another legal adult resident of the household where the target resides, with the understanding that the substitute will notify the target of the summons or order. A process server may also be able to deliver a notice to another adult employee at the target’s place of employment if the target is otherwise unable to be contacted.

In addition to serving summons and notices, a process server must also file reports on the summons and complete an affidavit. Each step of the process must be carefully documented to ensure that the case is handled legally.

International Service

Process servers may also work with other servers’ offices overseas, in order to deliver notices to those living abroad or to citizens of other nations. A different set of laws governs process serving across borders, so international process servers must be aware of the restrictions and expectations of delivering a summons or order in another nation.

Writer’s Bio: Lewis Murawski is a director at Kahootz Media digital marketing agency. You can connect with Lewis on LinkedIn

2 responses to “What is a Process Server?”

  1. […] and doesn’t want the person it’s delivered to to be able to deny receiving it, they use a process server. Sometimes the first job the process server has to do is finding people. And sometimes, that person […]

  2. […] a debtor has been properly warned of their unpaid debt, often with the help of a process server, and a court summons, the list of items that can be seized as payments is nearly endless. From […]

Leave a Reply

Your email address will not be published. Required fields are marked *