Enhancing Proper 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. Exercising jurisdiction over the party to enable them respond to proceedings before a court, a body or any other tribunal is the main aim of serving the legal process. To give the appropriate notice, it has to be accompanied by court documents which include summons and any other document that is related commonly referred to as process. 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. 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.
Proper legal process service should identify the personal jurisdiction of the given court over the person who is being served. Where the individual after being served with the process ignores it including further pleadings or 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.
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. 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. In situations when the party to be served is not present in the given state and the destination country has not filed any objection against service by the mail, the process is likely to be served via a 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. When the defendant works directly with the legal process server to receive the petition, summons or complaint, it is referred to as personal service by the process server.