Are Process Servers Essential in the Legal Process?
We are often asked why a person filing a lawsuit cannot just serve the court documents to the defendant(s) themselves. Quite simply put, this is prohibited by Florida law. But why exactly does the state of Florida require process servers to be certified, approved, and/or appointed by a judge? It’s all about the underlying constitutional right that process servers uphold.
What Do Process Servers Do?
Process servers are a lot more important than most people think. While they only deliver documents at face value, it’s the contents of those documents that make process servers so essential. The court process typically informs a defendant of a pending legal matter against them or that they are requested to provide information for. The process contains the details of the claims along with the upcoming court date, time, and location.
Why Does Notification Matter?
Without process servers to properly notify defendants and witnesses of their upcoming court cases, we would likely have a lot of people not showing up to court, simply because they didn’t know they were supposed to be there. Rules of notification must be in place to ensure that servers and plaintiffs don’t just say defendants were notified without actually delivering the documents. Before process servers were common, these notifications would be posted on the courthouse door or in the local newspaper only, making it difficult for some people to know that they were supposed to be in court. Process servers make notifying these individuals much easier.
The other reason that notification of upcoming court dates matters is because it is a guaranteed right in the U.S. Constitution. The fourteenth amendment of the U.S. Constitution clearly states that no one shall be “deprived of life, liberty or property without due process of law.” Due process is also mentioned in the 5th Amendment. This mandates the U.S. government to ensure that all states are properly notifying defendants of cases and claims made against them.
Process Servers on the Treasure Coast
At Accurate Serve® of Port St. Lucie, Okeechobee, Stuart, and Vero Beach, our servers are proud to uphold the legal rights of Floridians every day. Give us a call or send us a work request online to get started today.