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In the United States, all legal proceedings have to be acknowledged by all parties in a legal action suit that will be heard in a court of law. The service of process is the notification process of all parties. A process server delivers documents to each person that describes the legal action they are facing. The act of delivering the notices is called serving legal documents. The documents may be a court summons, a complaint, a subpoena, writ or any other type of court document.
A process server hand delivers the documents to a person according to the legal proceedings in that area of service. A process server will ask if they are the person being served by name. Then, the person being served is handed the documents that they are being served. A substituted service may be performed when the defendant in the case is unavailable and the documents are handed to someone who resides in the same household or someone in the defendant’s business. As soon as the papers are delivered, the process server provides proof of service by completing an affidavit of service, getting it notarized and giving it to the party that requested the service process. The process server also files the documents with the court in which the defendant will appear.
An Affidavit of Service, also called a Proof of Service, is a signed document provided to you by your process server upon completion of serving your documents. Proof of Service states when, where, and who was served. There are a number of other affidavits that can be provided to you as a client. For instance, an Affidavit of Due Diligence may be provided if the person to be served cannot be located.
First of all, it is important to know that many states require a process server to be licensed. So in these states, the answer is yes.
As a general rule of thumb, if you are initiating or responding to a court case, it is ideal to use a process server to serve documents for best results.
Hiring a process server is an important step in proceeding with a court case. Process servers have the skills and experience to serve your legal documents in a timely and affordable manner and, more importantly, serve them in accordance with the local and state process serving laws.