Welcome to the Lafayette Process Servers LLC podcast. I’m your host Olivia, and in today’s episode, we are going to talk about Why do I need a private process server to serve my legal documents?
Are you pondering about the usefulness of a private process server in serving your legal documents? If yes, then you’ve just made it to the right place for an answer. Here’s it, when you need legal papers served, you can either hire a process server or have them served by the local sheriff’s department; why? Let’s find out.
First off, what is a private process server?
A process server is sometimes known as a private process server. Rather than using a public agency like the sheriff’s office, a legal firm hires a private process server to handle the work. This individual either owns a process serving company or works for one. For example, a professional process server, a county sheriff’s officer, or even a friend might be that person. A process server that serves more than 10 legal papers each year must be registered in areas like California.
They must register with the clerk of court in the county where they live or have their primary business. Businesses that want to provide process services must also keep a registration certificate on hand.
Some people are not required to register as process servers. Officers of the law are not needed to register. Attorneys and their staff and anybody designated by the court to serve the court’s process are exempt from registration. Neither licensed private investigators nor their staff is required to register. Professional photocopiers that respond to records production orders and subpoenas are exempt from registration requirements. Process servers are not required to complete a course or have a professional degree to serve legal papers.
The process server can ascertain and interpret the state’s laws that govern the service of legal papers.
What are the Functions of Private Process Servers and Why Do You Need Them?
Private process servers track down people who need to be served with legal documents and make sure they get there on time. For example, they may go to people’s homes or companies to serve these papers, and they will check their identification before giving out the paperwork.
Why do I need to hire private process servers to deliver my legal documents?
When you engage a private process server, you’re hiring someone whose sole purpose is to serve legal documents. Although hiring the sheriff’s department is less expensive than hiring a private process server, sheriff’s offices must prioritize public safety and law enforcement. This might mean that your legal documents go unnoticed for days or weeks, especially if you’re serving papers in an area where the sheriff’s department is understaffed. On the other hand, private process servers make it their whole career to serve papers. Therefore, their whole business strategy ensures that papers are delivered accurately and on time.
As a result, you may be certain that your papers will not be left unattended for lengthy periods.
WHAT CAN AND CAN NOT BE DONE BY A PROCESS SERVER?
When you file for divorce, the divorce papers must be served on your husband. A process server frequently serves divorce complaints and other divorce papers. However, in California, a process server must obey the law while serving legal paperwork. When serving documents, a process server cannot breach the law by trespassing or breaking. As a result, a process server must be able to be inventive without going too far and doing something that they are not authorized to do.
The primary responsibility of a process server is to deliver legal papers to an individual or party designated in the case. Process service is used to notify a party that an action has started or that a key document has been submitted in the case. Some documents must be served in a specified way in some legal actions. A document, for example, may provide that the process server must personally serve the person. In most cases, personal service entails identifying the individual and providing the paper. Here are some of the things that a process server can and cannot accomplish.
● It’s against the law to break into the defendant’s house
Most process servers start by attempting to serve the person at their residence. Unless the process server opens a locked gate or enters a locked building without authorization, the process server is not trespassing.
If the process server is unable to enter the property or building legally, they must return or wait for the individual to depart. For example, when a person refuses to be served at home or work, the server may wait until the subject departs before serving the documents in a public area.
● Cannot Use Harassment or Threats to Serve Papers
Someone can’t be forced to open a door by a process server. Likewise, the server cannot intimidate or compel the person into allowing entrance or accepting the document.
● It is not permissible to pose as a law enforcement officer.
A process server cannot pose as a police officer or other court official to compel someone to unlock a door or receive a document. It is prohibited for a process server to claim to be a law enforcement official and force a person to unlock a door if the individual refuses.
● A Process Server Has the Power to Stakeout a Person.
While a process server is not permitted to stalk someone who has been served with legal documents, the law does not prohibit a process server from loitering outside a person’s house or company until they leave. If the process server thinks the person will show up, they may wait in front of a known friends or family member’s house.
WHAT IF THE DOCUMENTS ARE UNABLE TO BE SERVED?
If a process server fails to serve the individual, the attorney may submit a motion with the court requesting that the subject be served differently. For example, the court may grant an application to serve by public notice.
If a spouse or other party refuses to serve family law documents, an experienced family law attorney knows what to do.
A PROCESS SERVER DELIVERS LEGAL DOCUMENTS TO A PARTY IN WHAT MANNER?
Papers can be served in a variety of ways by process servers. In most circumstances, the process server knocks on the individual’s door, verifies their identification, and presents the document to the person. After serving the document, the process server files an affidavit of service with the court.
The papers can also be served to you at your workplace or to someone who is authorized to receive the legal documents while you’re away. Although there are no time limits on when a process server can attempt service, legal papers cannot be served on Sundays.
Many individuals feel that they have not been lawfully served if they do not “touch” the papers. On the other hand, the process server can drop the documents at your home and inform you that you have been served once he has established your identification. If you refuse to get out of your car, the process server can place the documents on your windshield.
You can still be sued for a personal injury claim if you avoid a process server. The victim might ask the court to serve the defendant via alternative techniques such as publishing.
And that wraps up our episode for today. Thank you for listening and we’ll see you next time!
The foregoing podcast has simply been presented for informational purposes only. He or those at Lafayette Process Servers LLC, are not attorneys. If you seek further information about this topic, please make sure to contact an attorney in your local area.