When you file a case against an individual or company in court, you are required to notify the other party of the court documents that you filed. This service of process is necessary for your case to successfully move forward. But what happens when you hire a process server and your respondent claims improper service? It can hold up your case or stop you from receiving your judgement. Here’s what you need to know about the process server’s role.
Contests of Service
There are several different ways that someone can claim improper service. They may be able to prove that they no longer live at the address where they were supposedly served. They may be able to prove that they were out of town when they were supposed to have been served, or they may simply claim that they never received the papers and leave the burden of proof on you, the petitioner or plaintiff. Continue reading
Any professional process server who is successful in their business will be able to successfully serve papers in a timely manner, without any help from you at all. However, you can speed up the time it takes to serve your papers and generally make the process server’s job easier by following just these three tips.
Provide as Much Information as Possible
Provide as much information as possible about where and when the individual to be served can be found. Providing known addresses, friends and relatives, as well as employers, can greatly assist your process server in getting papers served quickly. Giving them the individual’s schedule, as well as where they might be at regular intervals, can also be helpful. For example, you may not know their current address or employer, but know that they are at a particular bowling alley at the same time every week. Continue reading
When you sue a company, an individual must still receive service of the papers. How that individual is related to the company and their role makes a difference in how and where papers can be served. It is important to understand the issues with serving a company in care of an agent, and what information you need to provide to your process server in order for service to be accurate.
Is There a Registered Agent?
A registered agent of a company is an individual who is on record as being a point of contact for legal matters, such as service of process. If there is a registered agent, there are some guidelines that the process server must follow when serving the papers. It is important to find out of the company has one or more registered agents, who they are, and where and when they can be located. Giving this information to your process server will help them execute service correctly and quickly. Continue reading
A good process server can sometimes be hard to find. When you have court documents that need to be delivered accurately and quickly, you want a process server with a high success rate and quality talents. There are a lot of qualities that make a good process server. Look for these qualities when you are interviewing process servers before making a decision.
A good process server is persistent. They are not likely to give up easily when they face obstacles in delivering court papers and documents. Good process servers are willing to do whatever it takes to get your papers served appropriately and quickly. They will run a skip trace, hunt down social media accounts, and attempt service at odd hours to get the job done.
Process servers have to have a lot of knowledge and training to do what they do. There are several laws and regulations regarding proper service of court documents. Different types of documents and different types of cases must be handled in a specific way. A good process server is aware of these rules and follows them to the letter. This is important, because if your papers are not served correctly, it could result in delays in your case. Continue reading
When you are looking for someone to serve process in your case, you want to make sure that the person you hire is going to get the job done right. Hiring a private process server is not a decision to be made lightly. Instead of just picking someone random off the list provided by the courts of available servers, ask some questions and do some investigation to make sure your process server has these traits.
Knowledge of the Law
The process server you hire in Orlando should be familiar with federal, state, and county laws regarding service of process. Different types of papers have different rules regarding how they can be delivered and with whom they can be left with. You don’t want your case to be delayed because the process server did not obey the law and left the papers with the wrong person.
You definitely want to hire a process server who is going to be persistent in trying to get the papers served. Often it takes multiple attempts and some investigative work to get papers served appropriately. Make sure the process server you hire has the persistence to track down the individual to be served and not give up. Continue reading