A process server helps serve legal documents to a defendant involved in a court case. Documents served include warrants, subpoenas, divorce papers, eviction notices, and complaints among others. If you ever find yourself needing to serve legal documents, hiring registered process servers is the way to go.
Process servers worth their salt are knowledgeable about the laws and policies of various states. This way, they can legally serve the documents in a way that won’t affect the court proceedings. They understand the value of time in court proceedings, which is why they strive to deliver the documents in a timely manner. In the event that the defendant is elusive, Bay Area process servers are trained to track down the elusive defendants and serve the documents.
Finding the right Registered process servers
When searching for process servers to help you serve legal documents, you want to take your time to find the right fit. You want to pay close attention to the Bay Area Process servers’ credentials to ensure that they are competent enough to perform their duties. Different states have different requirements for process servers. There are states that want registered process servers and there are those that will acknowledge legal documents serving by any individual above the age of 18, as long as that individual is not part of the court case.
Where possible, seek out reviews from customers who have used the Bay Area process servers to determine whether or not they are the right fit for you. A good process server will also strive to give you updates and notifications on how things are going, such as any delivery complications encountered.
Last, but not least, consider how much you will be charged for the service. Is it conducive to your pockets or would you be better off looking elsewhere? Generally, the more time spent tracking and tracing the defendant will determine how much you will spend. If you have all the right, recent information about the defendant, you will make the process seamless. If, for example, the defendant to be served is outside the local vicinity, then you may have to pay more than someone being served locally.
Process serving options
Bay Area process servers have different options to serve legal documents. The papers can be hand-delivered to the defendant or a certified mail can be sent. The certified mail may be considered if it is impossible to approach the defendant at work or at home. Proof of sent papers will be issued in addition to proof that the address on the mail has no issues.
If the home address is known, door posting, complete with documentation of the delivery process is possible. In this case the process server will post the documents at the front door, with a judge’s authorization.
A local publication such as a newspaper may also be considered for serving the papers. The local newspaper must be in circulation in the area where the defendant resides.
Is it possible for the defendant to avoid being served?
The life of a process server can be an interesting and challenging one. If the defendant is not being elusive and trying to avoid being served, he/she is trying to transfer their frustrations on the process server by assaulting or attempting to assault.
What happens when the defendant tries to dodge being served? The common misconception is that if I avoid receiving the papers then the court case will not go ahead. This couldn’t be further from the truth! The case may be delayed but it will not be halted unless the plaintiff requests for a default judgment sighting your absentia from the court.
As long as due diligence has been done and the right defendant has been served, the law will take its course. Different states have different laws when it comes to process serving. Registered process servers have the knowledge of policies of a given state when it comes to the acceptable paper serving.
Generally though, as long as the defendant admits their identity, then the papers are considered served even though the defendant doesn’t physically take them. The papers can for example be left at the defendant’s work desk once they have admitted their identity or at their front door at home.
Identification can also be verified through social media, by a neighbor, or any other known source.
Alternatively, if your place of work or residence has been proved true to the judge then the papers may be left with any competent person at either place, as long as the person is over the age of 18. Other process serving options such as registered mail and local newspapers as mentioned above may be used.
What happens when the defendant is served?
Once served with the legal documents, most defendants go into ignoring mode. They ignore the paper in hopes that it will somehow make the case disappear. A prudent dependent however will go through the documents and determine whether or not they need to reply in a given timeframe and follow through with it. They will also check for any scheduled court date and prepare for it.
On the other hand, a stubborn defendant will not respond. Not responding will not make the case disappear; instead, it may fuel the plaintiff to request a default judgment to be entered. The judgment will be in their favor!
There are also defendants who adamantly refuse to go to court. When this happens, it is under the court’s discretion to go forward with the case as is with the information provided and enter a default judgment in favor of the defendant.
A responsible defendant will read through the papers and respond appropriately. They will engage a lawyer if need and they will attend the scheduled court date and state their side of the story.
Conclusion
No matter the reason you want the service of a process server, registered process servers are in a position to help you serve different legal documents. They are also in a position to advise on the way to go forward.
