What is a Process Server?
- A process server is a person who serves a Statement of Claim, summons or other legal documents upon an opposing party.
A legal process server delivers (or serves) legal documents like writs, summons, subpoenas, complaints and other court documents to a defendant or an individual involved in a court case.
The process server must serve the documents strictly in exact accordance with the legislation in the area of service.
This may mean handing the documents to the defendant personally or sub-serving to someone in the same household or business.
Once the documents are delivered, the process serving agent must provide proof that the papers were served.
The courts usually accept a document called an Affidavit of Service, also called a Proof of Service, which must be notarized and given to the party who requested service.
What Process Servers Can Do for You
- Subpoena Service
- Corporate Searches
- Private Investigations
Personal Property Searches (UCC Search Service)
- Daily Court Filings
- Business Registrations
- Document Retrieval
- Courthouse Record Research
- Drivers Licence Searches
- Motor Vehicle Searches
Process Servers Serve These Court Documents:
- Statement of Claim
- Service of all originating documents
- Termination of Tenancy forms
- Summons and Complaints
- Writs of Garnishment
- Small Claims
- Motion Records
- Financial Statements
- Notice of Application
- Application Records
- Application (Petition) for Divorce
- Summons to Witness
- Notice of Contempt
- Plaintiff's Claim
- Demand Letters and much more.
Why Use a Process Server?
- You do not have to be a lawyer to use a process server.
- The rules for serving of Court documents are complicated.
- Law Firms use process servers to serve Small Claims Court documents because they know the job will get done properly.
- You may not want to confront the person that you are suing in court.
- You may consider giving the document to a friend to serve but there is a possibility that your friend may get injured while serving the document.
- The person that you are suing may hide
- You may feel that it is too dangerous for you to serve the person that you are suing.
- You may not be able to find the person(s) that you want to serve. Process servers have many ways to find them.
- Process servers know the rules governing service of legal documents.
- Legal documents must be served properly otherwise they may not be deemed valid resulting in potential problems, even dismissal, of the lawsuit.
- The plaintiff may have several defendants that have to be served in a specific sequence. If they are not served properly then one could notify the other(s) who might then hide. As a result, the plaintiff might lose the lawsuit in the Courts or have a weaker case.
- There are also certain days and times that one can serve legal document therefore one has to be very cautious as to when to serve documents properly.
- There may be situations where the plaintiff knows where the defendant is but the defendant may be hard to access such as in an Apartment building or a Condominium. Process servers how to overcome that problem.
- If you attempt to serve someone at home and the person at the door will not open it for you then it is not considered proper service