Since service of process involves the communication to a defendant that he is now involved in a court case, serving the court papers can be a challenging and frustrating task. Not many defendants are willing to accept documents that may indicate their divorce terms or trial subpoenas, after all. If you don’t ensure that a party you trust is serving the papers, you run the risk of incorrect service of process and its many consequences. Hiring a private process server is the best way to rest easy, knowing your papers will be properly handled by a person you can always contact and refer to for any questions.
What Does the Defendant Receive? The papers served are called summons papers, which must inform the defendant that he is being sued, the location of his court appearance, the jurisdiction of the court, a complaint of alleged wrongdoing, and the legal solutions desired. Each summons also indicates the length of time a defendant has to respond, which is vital in the case.
What Can Go Wrong? If for any reason the papers are not delivered and received properly, it can place the entire court case at risk due to fraud or lack of proper service.
Fraud is often committed by a process server who claims proper service when the papers were not served at all, or were served in an unacceptable manner. Both of these are considered acts of fraud. As the plaintiff you can’t get in legal trouble for something out of your control, but the people involved in the fraud face severe ramifications from prosecution. However, as the plaintiff your case could very well be delayed as process of service is one again attempted. In some cases, the defendant can avoid the case by proving undue process.
Proper service, meanwhile relies heavily on timing, since all papers must be served before their deadline. If the defendant cannot be found for process of service, extra time must be utilized to locate the defendant or find an acceptable party to take the papers on behalf of the defendant. Proof of service also needs to be filed before the deadline. Don’t stress, though: professional process servers are experts in properly serving papers expediently. It’s best to leave this job in the hands of a company you can trust, since lack of proper service can often result in the court case being dismissed or severely delayed.
Do your research, hire a team that will dedicate themselves to your service process needs, and stay on the lookout for any potential problems.
