Practical and Helpful Tips: Laws

Various Ways of Legal Process Services

Legal process service can be defined as the method followed by a party to a given lawsuit gives the appropriate notice of the first legal action to another second party. The other party can either be a defendant, administrative body or a court. The legal process service aims at exercising jurisdiction over the party to enable them respond to proceedings before a court, a body or any other tribunal. All relevant documents such as summons which are commonly referred to as process need to be served to the party to notify them. These documents are required to be served to the person personally or in some cases, it can be done to another person who is of a suitable age either at the residence, place of employment or business of the person. The process servers are required to file a proof of service document that shows the time the service was done, the place, the person who received it as well as any other information needed. There are various agents who accepts the process from the process servers on behalf of the defendant such as when it is being served to corporations that work with the public in a given region.

A proper legal process service requires that the personal jurisdiction of the given court is established over the person who is being served. In case the person ignores even further pleadings or even doesn’t attend the proceedings, the administrative body or the court will then find the person in default hence will award a relief to the petitioner, claimant or the plaintiff. In most states, court officials such as sheriff, constable, marshal or a bailiff are required to serve the legal process. When there are private process servers, different states may require licensing with the suitable regulatory bodies to allow them carry out those services.

Some ways of serving legal process includes substituted services, service by the use of mail, voluntary acceptance of the service as well as personal service by the process server. Substituted service is where the process server is allowed to leave the legal process service documents with another individual who is responsible if the individual being served is unavailable. Process can be served via a mail when the person is not present in the given state and the destination country has not filed any objection against service by the mail. Voluntary acceptance of the service is where the defendant will agree voluntarily of having received the petition or complaint without the engagement of a process server. Personal service by the process server is where the defendant deals directly with the process server to receive the petition, summons or complaint.

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