A Beginners Guide To Services

Various Ways of Legal Process Services

Legal process service is described as the procedure 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. When serving the documents referred to as process, they should include all relevant documents including summons. 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. Once the server has given the process, they are required 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. Other than the responsible individual being served, there may be 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.

Proper legal process service should identify the personal jurisdiction of the given court over the person who is being served. The administrative body or the court is likely to find the defendant in default and award a relief to the petitioner, claimant or the plaintiff in case the defendant ignores the process including further pleading or doesn’t attend the proceedings. The legal process service is usually done by a court official who can either be a sheriff, constable, marshal or a bailiff. The responsible bodies in a region may as well license private process servers as long as they meet the requirements set.

Substituted services, service by the use of mail, voluntary acceptance of the service as well as personal service by the process server are some of the ways through which processes are served. In substituted services another person may pick the process on behalf of the responsible individual as long as they are responsible and the responsible individual is unavailable. Service by the use of the mail is used when the person is not present in the given state as long as 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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