Server's Corner

The Importance of Process Servers

The Importance of Process Servers

Roland Investigations provides its clients with service of process. The procedure of service of process is one in which a party to a lawsuit provides a notice of initial legal action to another party, such as a court or an administration. Service of process is undertaken by Roland Investigations to exercise jurisdiction over a person and enable him or her to respond to, say, a court proceeding or administrative request in a timely fashion.

What's more, informing a defendant is required by due process, which is everyone's constitutional right. Anyone accused of a crime is entitled to a notice and providing this notice might be a reason to hire a process server. Many states have different laws dictating how this process is to be undertaken. Some states require that a neutral third party deliver the papers to the defendant. Other states say that sending a notice by mail is acceptable, though this is unusual.

Knowing when, or if, you may use substituted service, or the service of process procedure that allows the process server to leave documents with another responsible adult, can save you a lot of time and hassle later. For instance, U.S. federal law requires that substituted service, where it is legal state-wide, be made at the abode of the defendant being served. Service by mail and voluntary acceptance of service are alternatives.

Most states, however, require in-person notices to be delivered to the accused. Because most states require papers to be delivered in-person, hiring a neutral third party as a process server will likely prove necessary. Oftentimes, missing one small detail can have you run afoul of laws and requirements governing the service of process procedure. You could invalidate the whole process by doing it incorrectly. You likely must deliver the papers in-person, but a certain number of attempts may also be required for the procedure to be valid in the court's eyes. There may also be additional documentation required.

Hiring a neutral third party is also a good idea because sometimes the process does not go smoothly. Some people will respond to being served by becoming violent. Alternatively, the person being served could be intoxicated, which might further complicate the validity and logistical complexity of the serving process. Your best bet is to leave the service of process procedure up to the professionals at Roland Investigations.

The servers at Roland Investigations have gone through the service of process procedure thousands of times before and understand the nuances of state and federal law. The lawyers at Roland Investigations understand all the court's requirements and how to respond if a situation goes sideways. Experienced lawyers can get through the service of process procedure very efficiently.

Hiring a neutral third party can also help in tracking down a fly-by-night defendant. These defendants, though seedy and perhaps dangerous, still need to be served per due process. Call Roland Investigations today or complete an online request form to get started!

By Roland Investigations 6-28-2019