People are notified of actions against them or court procedures involving them through the delivery of legal documents such as summons, complaints, subpoenas, order to show cause, and writs.
There are several requirements and constraints associated with the rules of service of process. It is very important to note that papers cannot be served by someone who is involved in the case or legal proceeding.
A legal process server delivers (serves) these documents to the defendant or individual listed on the legal document being served. Once the documents are delivered, an Affidavit of Service, also called a Proof of Service, is notarized and given to the party who requested the service.
An Affidavit of Service, also called a Proof of Service, is a signed document provided to you upon completion of serving your documents.
Additionally an Affidavit of Due Diligence may be provided if the person to be served cannot be located after attempts or the address of service is incorrect.
We typically attempt service on any address that is supplied. However there are instances where a company may not allow access to an employee for unrelated personal services. .
If the named party in the documents cannot be found, the court may allow service by publication in a newspaper. Before this can happen, you may be asked to prove to the court that a reasonable attempt was made to actually serve the defendant or the person named. This is where the hiring of a professional process server comes into play.
In most cases they do not have to accept service in order for it to be considered effective. If the defendant comes to the door but refuses the papers there are prior cases wherein service was accepted by the courts although the recipient tried to avoid same.
In many cases you will be able to fax or email papers us. Typically this is permissible as long as there is not a raise embossed seal on the papers from the court. It is your responsibility to validate if the original papers need to be served before determining how you will remit the papers to us.