Our talented and determined process servers area ready to accomplish delivery of complaints, summons, subpoenas, Orders, Judgments, and other court documents to individuals and businesses.
If you are looking for “process servers near me,” call us here at Ancillary Legal. Contact us at (404) 459-8006 or via email. We have talented and determined process servers to accomplish delivery of complaints, summons, subpoenas, Orders, Judgments, and other court documents to individuals and businesses. In this article, Ancillary Legal provides some information about:
Process servers are individuals who are responsible for delivering court documents to parties and, sometimes, third parties in civil legal proceedings. The most common court documents that are delivered by process servers are the summons and complaints that must be delivered to the defendant in a civil lawsuit or proceeding. Delivery of the summons and complaint to the defendant is a necessary precondition to the start of litigation. Generally, delivery is via hand delivery. That is, the process server physically locates the defendant, asks the “target” to identify him or herself, and then hands the court documents to the defendant face-to-face. If the defendant refuses to take the documents, it is generally sufficient for the process server to drop the papers at the feet of the defendant. In general, the activities just described are called “service of process.”
It is not always necessary to hand-deliver court documents. Depending on the type of documents, the type of legal proceeding, and permission from the relevant judge, papers can be left with another person related to the person being served, left with an agent, left at something like a “front desk,” tied to a gate or door knob, pushed through a mail slot, etc.
In many legal jurisdictions, a civil process server must be specifically appointed to accomplish service of process in a particular case. Generally, a process server must be over the age of 18 and cannot be involved in the lawsuit in any manner. Process servers must be natural persons, although most will be employed by a corporate process server business, such as Ancillary Legal. Each legal jurisdiction will have specific — although similar — local rules about the method of delivering court documents, including time deadlines, manner of delivery, and documentation/attestation of successful (or non-successful) service. As can be seen, process servers have an important role in the judicial system.
Talented and dedicated process servers excel at researching and locating the person or business being targeted for service and are tenacious in the actual delivery. However, good process servers know that because the matter is a legal proceeding, the delivery must stand on a solid foundation of evidence and proof. This involves several important steps like properly completing the court’s “Proof of Service” documents, certifying and attesting to delivery of the documents as described. This has different titles in various jurisdictions like “Certificate of Service” or “Attestation of Service,” etc. After completion, these official proofs of service are delivered to the relevant attorneys or to the clerk of court for filing.
Aside from properly completing the court’s documentation, good process servers take written notes and often use video/audio recordings as evidence that delivery has been accomplished and accomplished pursuant to the local court Rules. These extra steps are needed because, occasionally, a defendant will claim that they did not receive the documents or that delivery was somehow legally insufficient.
Process servers are also called “private process servers” because they are not employed by the courts or other government agencies. There are public process servers, usually deputy sheriffs or other local law enforcement officers. Indeed, in most U.S. court jurisdictions, the first effort to hand-deliver the complaint and summons is attempted by public process servers — that is, by a court officer or a local deputy sheriff officer. In those jurisdictions, a private process server is only appointed by the relevant judge after a public process server fails to accomplish service of process.
Another couple of common terms used for process servers are “legal process server” or “judicial process server.” These terms indicate that the process server delivers legal and court/judicial documents, as opposed to the delivery of other types of documents.
Legal and valid service of court papers- particularly those pertaining to the initiating complaint and summons- is a necessity in American jurisprudence. Under U.S. Supreme Court rulings, statutes, and legal doctrines, the doctrine of Due Process requires that a person/business being sued must have notice that legal proceedings have begun and must receive documentation indicating — in some fashion — the type of case and the location of the court (along with appearance dates and court-imposed deadlines, if any). Without both notice and a copy of court papers, any action taken by the court will be deemed a violation of Due Process. In addition, the court will be deemed to have NO jurisdiction over the defendant; that is, the court will lack the authority to issue Orders that are legally binding on the defendant. Because process servers have a crucial role in accomplishing service of process, private process servers have not only an important role in the judicial system but a central role.
Generally, to qualify for a career as a process server, you must be 18 years of age or older, have a valid driver’s license, and be able to pass a background check with respect to arrests, convictions, and traffic violations. This is necessary because, if appointed to serve court papers in a civil case, you will become an “officer of the court.” In many jurisdictions, successfully passing training and/or certification courses is also a minimum qualification. These classes tend to involve basic instruction on statutes, rules, and legal theories related to service of process, technology use, ethics, professionalism, confidentially requirements, courtroom process, and more.
Our team has the deep experience, staffing, and resources to help you satisfy the requirements for proper and valid service for process. For more information, reach out to Ancillary Legal at (404) 459-8006 or contact us today to find out how we can help you.
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