Process servers are a part of the process that is almost never seen by anyone involved. They serve processes, which are court documents or legal papers, to unwilling parties in order to get them served with summonses and complaints. It may sound like it’s just the process server’s job to deliver these papers, but they have other duties as well! Read on for more information about process serving and what it really entails.
Processes are legal documents that may include things like summons or complaints. A process server is employed to confirm that a piece of paper was delivered to a party involved in the litigation.
For a simple illustration, consider that you’re a renter who is suing your landlord for not repairing items in your home as agreed in the lease agreement. The landlord isn’t responding to your calls, so you’ve chosen to sue him for either money back from your rent or forcing him to make the repairs.
You must appear in court on the appointed date, whether or not you have received a court summons. Your lawyer will hire a process server to find your landlord and deliver the court summons to them, making them legally required to appear in court on the scheduled day. The process server is not employed by your lawyer or you.
The fact that they are a third party is critical to the job of a process server. People think that a procedure server works in favor of the plaintiff, but a sworn affidavit must confirm that they are completely impartial when serving the papers. They cannot have any connection to either the plaintiff or defendant as far as they are employed by the claimant’s lawyer to serve the process.
Process servers also do not work as process agents, which is different from a process server. A process agent works for the court and has no connection to either party involved in the lawsuit; they are employed by the courts themselves and/or clerk’s office of that judicial district. Their job is to serve processes on defendants so that it appears on the public record.
Each state has its own set of rules regarding how a process server may legally consider the papers served. In the Commonwealth of Virginia, processes can be delivered in person for the greatest service. However, they have a number of other methods at their disposal to serve the documents.
If another person answers the defendant’s door, they may leave the papers with them to give to the defendant IF that individual is a family member of the defendant, is at least 16 years old, is not a houseguest but a permanent resident, and understands the circumstances of the documents.
They might simply attach the procedure to the defendant’s front door and only the front door if everything else fails. If a person has been declared to have departed or abandoned the legal home in which they reside, there are other ways to consider the procedure completed.
Hiring a process server is an excellent approach to guarantee that your court proceedings go well and on schedule. Some legal processes may be served within a few days of being delivered to the proper place. Rather than entering into a direct conflict, use a process server to formally and lawfully file litigation.
Process servers are what attorneys, law firms and other parties use to process legal documents. They are typically hired by the person who needs them processed so they can be served with a lawsuit or subpoena for example. Houston process server is available to serve any type of document you need delivered in Texas. Have you ever used the services of a Houston process server? If not, it’s time to give us a call!
