Anytime you have a court case, you will likely need a process server. It may seem as though this hoop thrown up by the courts is a pain that you don’t want to deal with, but a private process server is an important part of the court process. Here’s why you need a process server to keep your case moving along.
Notification of a Case
In order for your court case to move successfully through the courts, the other party to your case must be notified for due process. Courts do not allow individuals to notify parties themselves for several reasons. When you use a process server, there is an uninterested third party to verify that notification of the case was served. Continue reading
Let’s say you have an important court matter, such as a small claims lawsuit. You may or may not have an attorney for your legal matter. When you go to the courthouse to file your papers, they inform you that you have to have the papers served to the respondent and ask if you want the sheriff’s department to do it or if you want to hire a private process server. Many people don’t know how to answer because they were not aware that service of process was necessary in all court matters. Here’s why process servers are so important to the process.
Knowing About Court Cases
The biggest reason that courts require documents to be served to the responding party is because you have a right to due process. A right to due process means that you have the right to fight any legal matter in a court of law, yet you cannot fight a matter in court if you are not aware of it. For this reason, courts require documents to be served to the respondent in a timely manner and before the case can be heard in court. Continue reading
If you are a new landlord with only one or two properties, the eviction process can seem a bit confusing. It is important to understand what eviction notices are, how they must be handled, and when to involve the courts and a private process server.
Types of Eviction Notices
If your tenant has failed to pay rent, you can serve them a 3-day eviction notice. If a tenant has broken the lease in some other way, you must serve them a 7-day eviction notice with right to cure. If the tenant pays their rent, fixes the lease violation, or leaves voluntarily, there is nothing more that can be done at that point. Both types of eviction notices can be posted to the door or given to the tenant listed on the lease by the property owner or any other individual. A private process server is not necessary, although it may be a good idea if you think a tenant might deny ever having received the notice. Continue reading
With many different types of cases, it is necessary for the other party of the case to be served with papers. Often, the case cannot move forward unless service is made to the individual. Yet at times, it may be impossible to effect service of process. It can be possible to move your case forward without service of process, but due diligence must be proven. It is important that your private process server is aware of due diligence requirements and follows through to back you up if you need to go to court without service.
What is Due Diligence?
Due diligence in process service refers to doing everything possible to serve the papers. The process server must show that they attempted to find and serve the individual. They must have detailed records outlining their efforts to find the individual and serve the papers. The process server must use all of their available avenues to serve the papers before giving up.
There are a number of situations in which papers cannot be served. The individual may have moved and be difficult to find, or they may have changed jobs. Sometimes, individuals know that there is a case pending and will do everything they can to avoid service. While the best process servers have high success rates, it is not always possible to serve papers effectively. Continue reading
Process servers have to make use of all the tools at their disposal to find people who need to be served. Quite frequently, it can be difficult to find someone to serve them with court papers. People move, change jobs, or intentionally try to disappear. One of the most recent tools for process servers to use is social media. Social media can assist in getting people served quickly and accurately in many ways.
Learning City of Residence
Social media makes it easy to discover what city someone is living in. If the individual updates their profile after moving, you can usually see the city of residence even if they have their privacy settings so that you can’t see everything on their page without following them. Even if they do not update their city on their profile, if their profile is public you can see where they are when they post the most frequently, giving you a starting point. Continue reading