Process Server Definitions and FAQs
What
is service of process?
What is a legal process server?
Does a process server
need to be licensed?
Why do you need a legal
process server?
How will I know
when my papers have been served?
What is Proof of Service?
What is a subpoena?
What is a writ?
What
is Substituted Service?
What is a
Summons?
What is an
eviction?
What
is service of process?
"Process" is a term referring to judicial
paperwork which directs a person or company to do an act according to the
rules of the court. A Summons, Subpoena and Order to Show Cause are common
examples of process.
Process need to be given to that person or company in a manner specified by
the laws of the court in that location, this is called service of process.
Service of process must be performed
according to the local rules to ensure that the party receives notice of the
courts order, which in turn is a prerequisite to the courts enforcement
proceeding.
If proper service is not made your case will
be delayed. This results in increased cost and sometimes loss of tactical
advantage. Improper service will also delay the obtainment of evidence and
delay court assistance such as injunctions etc.
What is a legal process server?
A legal process server is someone who delivers the judicial paperwork or
the service of process for a law firm, individual, corporation or
organization based upon the rules of the court in the area in which the case
is being held.
Does a process server
need to be licensed?
A process server does not
need to be licensed in every state. A process server must be licensed in
Alaska, , California, Illinois, Montana, Nevada, Oklahoma,
Washington. There are some states that have local licensing requirements as
well. For a more details on local and statewide licensing laws for process
servers, please visit the web sites for National Process Server Associations page.
Why do you need a legal
process server?
Process servers know the laws and regulations related to service of process
in their area. There are certain requirements and constraints that are
associated with service of process depending on document type. The
professionals listed at
Process-Now.com understand these laws and regulations and can
guarantee that your documents are handled in timely and professional manner.
Call one today.
How will I know
when my papers have been served?
The process server will
provide you with a document called Proof of Service after the individual or
plaintiff has been served. This Proof of Service is then filed with the court.
The process server
can file this document for you.
What is a Proof of Service?
Proof of Service is a document that your process server with provide to you
stating when, where and who was served.
What is a writ?
An official court document, signed by a
judge or bearing an official court seal, which commands the person to whom
it is addressed, to do something specific. That "person" is typically either
a sheriff (who may be instructed to seize property, for example) or a
defendant (for whom the writ is the first notice of formal legal action. In
these cases, the writ would command the person to answer the charges laid
out in the suit, or else judgment may be made against them in their
absence).
What is a subpoena?
an order of a court which requires a person to be present at a certain time
and place or suffer a penalty (subpoena means, literally, "under
penalty"). This is the traditional tool used by lawyers to ensure that
witnesses present themselves at a given place, date and time to make
themselves available to testify
What is substituted service?
If a party appears to be avoiding service of court documents, a request may
be made with the court to, instead of personal service (i.e. giving the
document directly to the person), that the document be published in a local
newspaper, served on a person believed to frequent the person or mailed to
his (or her) last known address.
What is a summons?
Document or writ directing the sheriff
or other officer to notify a person that an action has been commenced
against that individual and that he or she is required to appear, on a
certain day, and answer the complaint in such action.
What is an eviction?
Removal of a tenant from rental
property by a law enforcement officer. First, the landlord must file and win
an eviction lawsuit, also known as an "unlawful detainer."
