Helping Those in Need of a Process Server in Tucson

Why do I need to retain a process server?

Process servers are an important part of the legal system, and you may need to hire one at some point. Learn what a process server does and why people hire them by reading on.

What a Process Server Does

A "process server" is a person who brings important court papers to people who have been told to show up in court. When there is a court case, everyone must be told about it. If someone decides to take you to court, they have to tell you when, where, and why. This must be done in writing by someone who is not involved in the court case and has nothing to do with it. By being fair, the person delivering the court documents doesn't do it to embarrass the person or in a way that doesn't give them proper notice. On the other hand, a process server not only doesn't have a hidden agenda, but he or she is also protecting a person's legal right to due process.

Due Process

A person's right to due process is protected by the process server. This is a constitutional right. By giving the right notice, a process server upholds the rights that the United States Constitution gives to every American.

Evidence of Service

Also, there needs to be proof that the person was told, which can be used in court. When a process server tells someone they have a court date coming up, they give them the legal papers about the court case they are involved in. A process server must keep a separate record of when and where the person was given notice. This document is also an important part of the process of service. When a person has been given proper notice of the legal proceedings—that is, when they have been "served" in accordance with state laws—the person who "served" them must give a document that shows this happened. This piece of paper is called a service affidavit, and it is used in court. This same document is also called a proof of service or return of service by many people in the business.

What kinds of papers does a process server deliver?

A process server can deliver many different kinds of court papers, but the most common ones are a summons and complaint. A summons is an official notice that a lawsuit is going to happen. The complaint gives details about the case that is being brought to court. A subpoena is another type of court document that could be served. This is a legal document that usually asks for documents or proof for a court case. A subpoena could also order a person, like an expert witness, to show up in court. Writs, which are legal orders, and other legal documents could also be included.

Why do you need someone to deliver papers?

At this point, you should know what a process server does, we hope. If you are going to court, you or your lawyer will need to hire a process server to get the important court papers to the right people. It's important to remember that in some states and/or counties, only the sheriff or constable can do civil process service. But anyone who serves papers is, in all practical ways, a process server.