Service of Process and Its Importance

The Constitution requires that every party in any legal proceeding must be informed properly about the legal action that is taken against them. Service of Process is the manner in which an individual, group or company is informed about a case that has been filed against them. A court will not rule against any party that has not been properly informed about the case that they are facing. Some of us may already be aware of cases that have been dismissed because of technicalities and oftentimes, it is because the rules of service of process have not been followed.

Each state and jurisdiction has their own rules when it comes to the methods that can be used during service of process. For instance, in a particular state, documents can be served at anytime during the day or night at any place while there is a state where legal documents cannot be served on Sundays and can only be served at the defendant’s residence. If you are thinking of filing a case against another individual or company, it is best if you familiarize yourself with the laws regarding the legal ways on how to serve documents to the defendants. Making sure that you are able to follow these rules can make a huge difference as to how fast or slow the case would progress. Not following them can mean the immediate dismissal of the case and this is something that you may want to avoid. You can look for a process server Maryland if you want to make sure that everything will be done accordingly. These process servers are aware of the existing laws regarding service of process and know the proper methods that they can use to make sure that all the legal documents such as writs or summons are received by the defendant. The defendant will then have to sign a document to acknowledge that they have indeed been served. Once all the documents have been served the process server will then submit an Affidavit of Service or proof of service that documents when and where the parties involved were served. Without the Affidavit of Service, the court will not look into the documents that you have submitted to them. It is most likely that the case will get thrown out if the proof of service has not been submitted.

 

*This is a sponsored post however, all the points and views are my own.

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Functions of a Process Server

Have you ever wondered why some legal cases, especially those that may seem less complicated than others, took so long to resolve and why some are able to find its resolution faster than what have been anticipated? There are actually many factors that contribute to that and one of them is that the legal documents such as summons, subpoenas, writs and complaints are not served to the right parties at the proper time. When those involved are not informed accordingly, the legal case may not progress according to schedule. Process servers are tasked by law to make sure that all the legal documents that are essential in any legal proceeding are served to the right individuals or groups at the right time. At times, they are also tasked to research and retrieve important court documents. The many functions that a process server Texas has only emphasize their important role in the legal system.

In some states, a process server may need to have a special appointment by a court or a certification or license. Process servers must be well versed in laws and procedures. For instance, for every document that is served, the process server must make sure that they are able to acquire the signature of the person that will receive the document because they will have to present those signatures to the court. Some people try to avoid being served because they want to create delays on purpose which is why a process server must be very creative in finding a way on how the legal documents will be served on time. Being a process server is not as easy as some people may think because there are times when their safety are at risk especially when they have to served documents to potentially dangerous individuals or in dangerous locations. This is why they must be informed at the start about the details of the case so that they can prepare themselves in what would be highly dangerous situations. In instances where the risk is high, they must know how they can still do their duties while at the same time, keeping themselves out of harm’s way.

*This is a sponsored post however, all the points and views are my own.

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